IN THE HIGH COURT OF DELHI AT NEW DELHI
RETAIL ROYALTY COMPANY AND ANR VS. RUPESH VISHVAMBAR PAITHANE TRADING AS CHAITANYA ENTERPRISES
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 246/2024 & I.As. 6537/2024, 6538/2024
MANKIND PHARMA LIMITED .....Plaintiff
Through: Ms. Saumya Bajpai, Advocate.
versus
PASSIFLORA PHARMACEUTICALS .....Defendant
Through: Mr. Akshay Ravi, Advocate.
Defendant in person through VC.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 08.01.2026
1. Present suit was instituted by the Plaintiff against the Defendant inter alia for permanent injunction restraining the Defendant from infringing trade mark ‘FLORA’, which Plaintiff adopted in 1995 in respect of medicinal and pharmaceutical preparations and for which registration was obtained on 01.05.2007 in Class 5 under registration no. 1554350. Plaintiff has been selling its goods under the said trade mark since 1995. Defendant filed an application for registration of trade mark ‘PASSIFLORA PHARMACEUTICALS’ on 14.06.2022 and Plaintiff filed notice of opposition before the Registrar of Trade Marks on 11.01.2023. Subsequent thereto, Plaintiff filed the present suit for injunction, rendition of accounts
and damages.
2. During the pendency of the suit, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre,
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