The Delhi High Court has restrained Aquakind Labs from using the mark “AQUAKIND” as a trade name/trademark, holding that such use amounts to infringement of Mankind Pharma’s trade mark “MANKIND” and “KIND” family of trademarks.
The plaintiff contended that due to the goodwill and reputation generated by the plaintiff on account of its extensive use of the “Kind” family of trademarks, the public exclusively associates any goods and services with the trademark containing the suffix “Kind” about the pharmaceutical industry with the plaintiff alone.
The suit was filed by Mankind Pharma against a pharma company Aquakind Labs LLP.
The court considered that Mankind has been using the “KIND” family of trademarks for the last 3 decades and has numerous trade mark registrations over the trade mark “MANKIND” and other “KIND” trademarks.
While granting the injunction, the Court also considered that the trademark “MANKIND” has been declared a well-known trademark and that Mankind Pharma has sole and exclusive rights in and over the trademark/trade name “MANKIND” and “KIND” formative trademarks.
