JUDGMENT (Oral)

I.A. 5700/2021 (under Order XXXIX Rules 1 and 2 of the CPC) & I.A. 3248/2023 (under Order XXXIX Rule 4 of the CPC)

1. The plaintiff is the fifth largest pharmaceutical company of India. The chairman and founder the plaintiff, Mr. Ramesh Chand Juneja, adopted the trademark MANKIND as part of the trading style of the plaintiff in 1986. Para 3 of the plaint sets out the encomiums and accolades that the plaintiff has earned over a course of time and, for the purposes of this order, it is not necessary to advert thereto, as they are not in debate. It is further asserted, in the plaint, that 268 brands of the plaintiff are listed amongst the top five brands, in pharmaceutical products, with 85 brands at the first and 67 brands at the second place. The plaintiff is also the registered owner of the websites: mankindpharma.com, mankindunwanted.com, mankindmanforce.com, mankinddontworry.com, mankindkaloree1.com, futuremankind.com, vetmankind.com, caremankind.com, petmankind.com, mankindpharma.net, magnetmankind.com, specialmankind.com, mankindpharma.asia, mankindpharma.cn, mankindpharma.org, mankindpharma.us and mankindpharma.edu.

2. The plaintiff uses "KIND" as second part