Aarohi Girish Dhumale
On 20th September, 2024, the Delhi High Court, while granting relief to Mankind Pharma in a trademark infringement case, urged the courts to be stricter regarding dealing with trademark violation cases of pharmaceutical products. An interim injunction was imposed on Sanshiv Health Tech Private Limited until the next hearing.
The case was heard by Justice Saurabh Banerjee.
The plaintiff, Mankind Pharma, represented by Senior Advocate Rajiv Nayar along with Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit and Nidhi Pathak, stated that Mankind Pharma started using the Caldkind trademark in 2007 for its calcitrol, calcium, and zinc capsules. Caldkind and Caldkind Plus are used for treating nutritional and vitamin deficiencies. The plaintiff also mentioned that their product has become popular, with sales exceeding Rs. 12 crore in the last financial year. The plaintiff’s counsel argued that the defendants are trying to take advantage of the goodwill and reputation of Caldkind, which could confuse consumers into buying their product under false pretenses.
“In case the defendants are not restrained by way of an ad interim ex-parte injunction, there is a likelihood of the plaintiff suffering irreparable harm, loss, injury and prejudice which cannot be compensated for in terms of money”, the Court said.
The Court made an observation, “Visually, there is no iota of difference inter se the trade dress/ label/ artwork/ trade mark for defendants’ (Sanshiv Health) ‘CALIKA-P’ syrup from that of the plaintiff (Mankind Pharma). Therefore, the likelihood of confusion is more since the defendants are also dealing in the same products through the same trade channels and are targeting the same set of customers. As the competing products are pharmaceutical preparations, it would be in interest of the general public if proactive steps are taken for restraining the defendants.”
The Court seemed to agree that there was deceptive similarity between the plaintiff’s trademarked Caldikind and Caldikind-P and the defendant’s Calika-P. “This seems to be a clear case of the defendants trying to come as near as possible to the plaintiff since there is no reason or occasion for them to have adopted the very same trade dress/ label/ artwork/ trade mark for their product ‘CALIKA-P’ syrup lest they want the members of the general public to believe that they and their products are emanating from the house of the plaintiff.” said the Court.
Local commissioners have been appointed as per the plaintiff’s request to visit the premises of the defendants. Each of the Local Commissioners is directed to be accompanied by a representative of the plaintiff and/or its counsel, who shall be permitted to enter into the premises of the defendants and seize, pack, and seal the infringing products and other material bearing the impugned trademark. They are also permitted to take photocopies and/or screenshots of any document, make a video at the defendant’s premises, take assistance of the Station House Officer [SHO] of the local Police Station within whose jurisdiction the premises of the defendants are situated, and break open the lock of the defendant’s premises in the presence of the SHO, if deemed necessary.
The Court also noted that additional care is required to be taken as these products are specially formulated for children. The Court has ordered Sanshiv Health Tech to cease all kinds of engagement with Calika-P till the next hearing takes place.
The next hearing is scheduled for 18th December, 2024.
Case Name: Mankind Pharma Limited vs. Sanshiv Health Tech Private Limited & Anr
Case Number: CS(COMM) 818/2024
Bench: Justice Saurabh Banerjee