The Delhi High Court granted an ex parte ad-interim injunction in favour of Mankind Pharma Limited, restraining De Harbien Life Sciences from using the trademarks “NEFROKIND,” “SILOKIND,” or any other mark deceptively similar to “MANKIND,” “KIND,” or its KIND-formative registered marks.
Mankind Pharma is the fourth largest pharmaceutical company in India, using the “KIND” brand family since 1986, extensively registered and declared well-known. In June 2025, Mankind became aware of De Harbien’s use of “NEFROKIND,” “SILOKIND,” opposed the applications, and issued cease-and-desist notices which were not complied with.
Mankind then alleged infringement and passing off against De Harbien, claiming that the marks “NEFROKIND” and “SILOKIND” for pharma products were phonetically and deceptively similar to its own well-known and registered trademarks (“MANKIND,” “KIND,” “NUROKIND,” “PILOKIND,” etc.). Relief was sought under trademark law to restrain De Harbien from manufacturing, selling, or advertising under those marks.
The Bench comprising Justice Manmeet Pritam Singh Arora examined Mankind’s established market presence, extensive registrations, and prior use, noting significant investment in advertising and product reach. It found that the impugned marks subsume the “KIND” mark and their use for identical pharma products created a likelihood of confusion among the public. De Harbien’s actions appeared intended to exploit Mankind’s goodwill and mislead consumers.
The Court held that a prima facie case existed in Mankind’s favour and the balance of convenience lay with them. It restrained De Harbien from using “NEFROKIND,” “SILOKIND,” or any identical/deceptively similar trademark in any manner in relation to goods/services covered by Mankind’s marks. The matter is next listed for further proceedings on 10 April 2026.
Appearances:
For the Plaintiff: Mr. Chander Lall, Sr. Advocate with Mr. Ankur Sangal, Mr. Ankit Arvind, Ms. Nidhi Pathak, Mr. Rishabh Rao and Ms. Annanya Mehan, Advocates
