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2025 Supreme(Del) 654

IN THE HIGH COURT OF DELHI AT NEW DELHI
TEJAS KARIA, J.
Mankind Pharma Limited - Appellant
Versus
Gudwin Herbal Healthcare and Another - Respondents
CS (COMM) No. 775 of 2025
Decided On : 01-08-2025

Advocates Appeared:
For the Appellants : Ankur Sangal, Ankit Arvind, Shashwat Rakshit, Nidhi Pathak

The judgment emphasizes the protection of well-known trade marks and the prevention of deceptive similarity in commercial branding.

Headnote:In the judgment concerning the Trade Mark 'GAS-O-FAST', the Plaintiff, a well-known pharmaceutical company, sought injunction against the Defendants using a deceptively similar mark. The court, considering the likelihood of confusion, found merit in granting the injunction under relevant provisions, underscoring the protection of well-known marks against unauthorized use. The court ruled in favor of the Plaintiff, restraining the Defendants from using the contested mark.

Table of Content
1. exemption from advance service granted due to potential immediate harm. (Para 4 , 5 , 10)
2. injury to plaintiff's reputation due to defendants' use of similar trade mark. (Para 24 , 25 , 34 , 36 , 39 , 43)
3. court orders injunction against use of the similar mark to protect well-known trademarks. (Para 45 , 46 , 52)

ORDER :

I.A. 18434/2025 (Exemption from filing Original / Certified copies of the documents)

1. Exemption is allowed, subject to all just exceptions.

2. The Application stands disposed of.

I.A. No. 18435/2025 (Exemption from advance service to the Defendants)

3. This is an Application filed by the Plaintiff under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), seeking exemption from advance service to the Defendants.

4. The learned Counsel for the Plaintiff submitted that there is a real and imminent likelihood that the Defendants may take immediate steps to dispose of, conceal or suppress its infringing business operations and digital footprints bearing the deceptively similar Trade Mark.

5. In view of the fact that the Plaintiff has sought an urgent ex-parte ad-interim injunction along with the appointment of Local Commissioner, the exemption from advance service to the Defendants is granted.

6. The Application is disposed of.

I.A. 18432/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908 )

7. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.

8. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.

9. Accordingly, the Application stands disposed of.

I.A. 18431/2025 (Exemption from pre-institution Mediation)

10. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.

11. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre-institution Mediation is granted.

12. The Application stands disposed of.

I.A. 18433/2025 (Extension of time for filing Court Fees)

13. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.

14. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.

15. The Application stands disposed of.

CS(COMM) 775/2025

16. Let the Plaint be registered as a Suit.

17. Issue Summons to the Defendants through all permissible modes upon filing of the Process Fee.

18. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within four weeks from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

19. Liberty is granted to the Plaintiff to file Replication(s), if any, within thirty days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

20. The Parties shall file all original documents in support of their respective claims along with their respective pleadings. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

21. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the presc

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