HC restrains Sanshiv Health from selling product similar to Mankind Pharma's
This story was originally published at 17:06 IST on 11 October 2024
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NEW DELHI – The Delhi High Court has restrained Sanshiv Health Tech Pvt. Ltd. from selling products under its Calika-P trademark and trade dress, or any other name and dress that is similar to Mankind Pharma Ltd.'s Caldikind trademark and trade dress, till the next hearing of the dispute on Jan. 27. The court also issued summons to Sanshiv Health on a suit by Mankind Pharma seeking a permanent injunction against the former.
The court has appointed local commissioners to visit the premises of Sanshiv Health and seize, pack, and seal the infringing products and other materials with the Calika-P trademark and trade dress. The court asked the commissioners to "hand over the same on 'superdari' to the respective defendants upon the said defendants giving an 'undertaking' that they shall not tamper with or remove the sealed products". The defendants would also have to undertake to produce the sealed products under 'superdari' in court as and when required. 'Superdari' refers to temporary custody or release of seized property to the rightful owner during the pendency of a case or probe.
Mankind Pharma had adopted the trademark Caldikind for its calcitriol calcium-zinc capsules in 2007. Since then, it has been continuously and extensively using the trademark. Due to the efficacy, cost-effectiveness, and widespread availability of the product under the trademark, it quickly became the preferred multivitamin product for doctors, medical staff, pharmacists and consumers, the company claimed.
In 2017, Mankind Pharma introduced another variant of Caldikind specifically for children, to improve calcium absorption in their bodies and strengthen bones. That variant was launched under the trademark Caldikind-P, and includes calcium, phosphorus, magnesium, D-mannose, zinc, and vitamin D3 suspension.
Caldikind-P had a trade dress with bright yellow-light colour scheme and a unique arrangement of selected elements, such as the mango device and milk being poured, at the bottom of the packaging. Mankind Pharma was the owner of the copyright of the artistic work of the product's trade dress.
The high court noted that the goodwill and reputation of Mankind Pharma's product under its trade dress and the trademark Caldikind-P can be gauged from the sales turnover in the past three financial years, which was INR 90 million, INR 108.3 million, and INR 123.3 million.
Thereafter, Mankind Pharma came to know of Sanshiv Health's product in the first week of September. Sanshiv Health's trade dress for Calika-P syrup was deceptively similar to Caldikind-P's trade dress. This was done to come as close as possible to the petitioner's product, Mankind Pharma said, and moved the court.
Today, shares of Mankind Pharma Ltd. closed 4% higher at INR 2,792.55 rupees on the National Stock Exchange. End
Reported by Surya Tripathi
Edited by Rajeev Pai
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