IA No. 1684/2017 (of the plaintiff under Order XXXIX Rules 1&2 of the Code of Civil Procedure, 1908)

1. The plaintiff has instituted this suit for perpetual injunction to restrain the two defendants, viz. Chandra Mani Tiwari and Mercykind Pharmaceuticals Pvt. Ltd., from infringing the plaintiffs trade mark/trade name ‘MANKIND’ and series of marks with the suffix/prefix ‘KIND’ and from passing off their business/goods as that of the plaintiff, by adopting and using the trade name ‘MERCYKIND PHARMACEUTICAL PRIVATE LIMITED’ or in any other manner whatsoever thereby and for ancillary relief’s of delivery, rendition of accounts, damages etc.

2. The suit came up before this Court first on 8th February, 2017, when though summons thereof were issued but no ex parte relief granted. Pleadings have since been completed and the counsels have been heard.

3. It is inter alia the case of the plaintiff, that (i) the plaintiff, being the fourth largest pharmaceutical company of the country, is the registered proprietor of the mark ‘MANKIND’ in 42 different classes and has for three decades used numerous marks by adding prefix or suffix to the elements ‘MANKIND’ and/or ‘KIND’ and is also the