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Informist, Friday, Oct. 3, 2025

 

NEW DELHI – The Delhi High Court has restrained Brinton Pharmaceuticals Ltd. from using, selling or manufacturing any skincare product whose name is similar to Mankind Pharma Ltd.'s 'AcneStar' trademark, till the lower court decides the latter's permanent injunction suit. AcneStar is a dermatologically tested range of skincare products by Mankind Pharma to treat acne and prevent new breakouts. 

 

The high court noted that Brinton Pharmaceuticals' 'AcneScar' product, which is a gel designed to minimise the appearance of both old and new acne scars, is phonetically identical and, therefore, deceptively similar to the petitioner's 'AcneStar' for skin preparations. The high court set aside a lower court's 2024 order that had refused interim injunction to Mankind Pharma.

 

"Resultantly, pending disposal of the suit by the learned Commercial Court, the respondent as well as all other acting on its behalf shall stand restrained from using the mark 'AcneStar', or any other mark which is confusing or deceptively similar to the said mark for pharmaceutical or medicinal products or skin cream or any other allied or cognate goods or services," said a a bench of Justice C. Hari Shankar and Justice Om Prakash Shukla. The injunction will extend not only to manufacture of any infringing products by the respondent but also to release into the market any stock of infringing goods that may be available with them, the bench added.

 

In 2021, the petitioner came across the product manufactured by Brinton Pharmaceuticals under the name 'AcneScar'. The product was similar to its 'AcneStar' product, Mankind Pharma said, adding that both were related for use on the skin. 

 

The petitioner said that its 'AcneStar' product has acquired considerable goodwill and reputation, and has become a source of identifier of the appellant. For the year 2020-21 alone, sales of products under the 'AcneStar' brand resulted in earnings of INR 542.20 million, said the petitioner.

 

However, the respondent said its product was intended to treat scars left behind after removal of acne and its and the petitioner's products addressed distinct requirements and were used at different stages of the affliction. Rejecting this contention, the high court said both the products were intended to treat associated skin ailments, the appellants product being intended to treat acne and the respondent's product to treat the scars left behind after acne has been treated. They, therefore, cater to the same consumer segment, the court said, adding that it cannot, therefore, be said that they are either qualitatively different or having different functions. "If two marks are similar, and are used for similar goods or services, and such use results in likelihood of confusion in the mind of a consumer of average intelligence and imperfect recollection, the tort of infringement ipso facto stands committed," said the court.

 

At 1338 IST, shares of Mankind Pharma were down 0.3% at INR 2,432.10 on the National Stock Exchange.  End

 

IST, or Indian Standard Time, is five-and-a-half hours ahead of GMT

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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