Courts Have To Be More Cautious In Pharmaceutical Trademark Cases To Avoid Public Confusion Over Competing Products: Delhi HC

The Court's remarks came during its issuance of an interim injunction against Sanshiv Health Tech, prohibiting them from marketing their nutritional supplement named 'Calika-P.' This action followed a complaint from Mankind Pharma, which argued that Sanshiv Health's product bore a deceptive similarity to Mankind's established trademarks 'Caldikind' and 'Caldikind-P.'

A Bench of Justice Saurabh Banerjee underscored the importance of protecting public interest through proactive judicial measures against trademark violations.

The Court said, “this Court is to be more cautious and stringent while dealing with matters relating to such pharmaceutical products since there is a likelihood of confusion arising in the minds of general public, if the competing trade dress, trade mark and design of the defendants are allowed to subsist and/ or continue.”

Senior Advocate Rajiv Nayar appeared for the Petitioner.

In reviewing the products, the Court performed a comparative analysis and concluded that Sanshiv Health had blatantly copied the trade dress and design of Mankind’s products. The Court observed, “Visually, there is no iota of difference inter se the trade dress/ label/ artwork/ trade mark for defendants’ (Sanshiv Health) 'CALIKA-P' syrup from that of the plaintiff (Mankind Pharma). Therefore, the likelihood of confusion is more since the defendants are also dealing in the same products through the same trade channels and are targeting the same set of customers. As the competing products are pharmaceutical preparations, it would be in interest of the general public if proactive steps are taken for restraining the defendants.”

The Court further noted that Sanshiv Health appeared to be leveraging the established reputation of Mankind Pharma by mimicking its branding. The Court said, “This seems to be a clear case of the defendants trying to come as near as possible to the plaintiff since there is no reason or occasion for them to have adopted the very same trade dress/ label/ artwork/ trade mark for their product 'CALIKA-P' syrup lest they want the members of the general public to believe that they and their products are emanating from the house of the plaintiff.”

Ultimately, the Court determined that Mankind Pharma had presented a prima facie case warranting an interim injunction. Consequently, Sanshiv Health was ordered to cease all sales, advertising, and any form of engagement with the 'Calika-P' product or any other product that is identical or deceptively similar to 'Caldikind' until the next hearing.

The case is set for further proceedings, with the Joint Registrar scheduled to oversee the completion of pleadings on December 18, 2024, and the next hearing before the High Court scheduled for January 27, 2025.

Cause Title: Mankind Pharma Limited v. Sanshiv Health Tech Private Limited & Anr.

Appearance:

Petitioner: Senior Advocate Rajiv Nayar, along with Advocates Ankur Sangal, Ankit Arvind, Shashwat Rakshit and Nidhi Pathak