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2019 Supreme(Del) 2593

PRATHIBA M.SINGH
MANKIND PHARMA LIMITED – Appellant
Versus
LEE PHARMACEUTICALS OF LEE HOUSE – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Hemant Daswani, Anmol Saxena.

JUDGMENT :

Prathiba M. Singh, J.

1. The Plaintiff has filed the present suit seeking a permanent injunction restraining the Defendant Lee Pharmaceuticals of Lee House from using the content of the Plaintiffs website. The Plaintiff Mankind Pharma Limited is, as the name suggests, a pharmaceutical company selling various medicinal preparations and over the counter drugs (OTCs). The Plaintiff has various domain names registered in its name with the mark MANKIND, however, the main website of the Plaintiff is www.mankindpharma.com. The said website has been originally designed by the Plaintiff to promote its business. It has a large amount of unique content, including information about the Plaintiff, images of products manufactured, and other details. The Defendant, according to the Plaintiff was incorporated in 2013 and its headquarters is in Chennai. The Plaintiff came to know on 27th February, 2014 that the Defendant had registered a website by the name www.leepharmaceuticals.in. A perusal of the website revealed that the entire website, including the photographs, images, etc. of the Plaintiff has been copied by the Defendant. Accordingly, the Plaintiff had filed the present suit. Vide

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