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Case / Trial ID Number
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Mankind Consumer Products Private Limited
Respondent / Defendant
Innovative Healthcare Llp & Ors
Dispute Summary
Mankind Consumer Products Private Limited filed a suit against Innovative Healthcare Llp & Ors for trademark infringement. The plaintiff sought an ex parte ad interim injunction against the defendants. The court granted the injunction and allowed the plaintiff's application for exemption from pre-institution mediation. The court also appointed local commissioners to inspect and seize the defendants' premises and records.
Outcome / Ruling
plaintiff_favorable
Verdict Document PDF URL
Full text judgment
[Cites 8 , Cited by 0 ] Delhi High Court - Orders Mankind Consumer Products Private ... vs Innovative Healthcare Llp & Ors on 6 April, 2026 Author: Jyoti Singh Bench: Jyoti Singh $~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 345/2026 MANKIND CONSUMER PRODUCTS PRIVATE LIMITED .....Plaintiff Through: Mr. Darpan Wadhwa, Senior Advocate with Mr. Hemant Daswani, Mr. Pratevsh Sharma, Ms. Saumya Bajpai, Ms. Pranjal Dhamkar and Ms. Divita Vyas, Advocates. versus INNOVATIVE HEALTHCARE LLP & ORS. .....Defendants Through: CORAM: HON'BLE MS. JUSTICE JYOTI SINGH ORDER % 06.04.2026 I.A. 8775/2026 (for pre-institution mediation) 1. This application is filed on behalf of the Plaintiff under Section 12-A of the Commercial Courts Act, 2015 read with Section 151 CPC seeking exemption from Pre-Institution Mediation. 2. Having regard to the facts of the present case wherein urgent relief is prayed for and in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Keerthi , (2024) 5 SCC 815, as also Division Bench of this Court in Chandra Kishore Chaurasia v. RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529, exemption is granted to the Plaintiff from Pre-Institution Mediation. 3. Application is allowed and disposed of. CS(COMM) 345/2026 Page 1 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 I.A. 8776/2026 (u/S 151 CPC ) 4. This application is filed on behalf of the Plaintiff seeking exemption from effecting advance service on the Defendants. 5. For the reasons stated in the application, the same is allowed exempting the Plaintiff from effecting advance service on the Defendants. 6. Application stands disposed of. CS(COMM) 345/2026 7. Let plaint be registered as a suit. 8. Upon filing of process fee, issue summons to the Defendants through all permissible modes, returnable the learned Joint Registrar on 11.05.2026. 9. Summons shall state that the written statements shall be filed by the Defendants within 30 days from the receipt of summons along with affidavits of admission/denial of the documents filed by the Plaintiff. 10. It will be open to the Plaintiff to file replications within 30 days from the date of receipt of written statements along with affidavits of admission/denial of documents filed by the Defendants. 11. If any of the parties wish to seek inspection of any documents, the same be sought and given the timeline prescribed in Delhi High Court (Original Side) Rules, 2018. 12. Learned Joint Registrar will carry out admission/denial of documents and marking of exhibits. I.A. 8773/2026 (u/O XXXIX Rules 1 and 2 CPC ) 13. This application is filed on behalf of the Plaintiff seeking ex parte ad interim injunction against the Defendants. 14. Issue notice to the Defendants through all permissible modes, CS(COMM) 345/2026 Page 2 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 returnable before Court on 17.07.2026. 15. Case of the Plaintiff as set out in the plaint is that Plaintiff is a private limited company incorporated in the year 2024 and a subsidiary of Mankind Pharma Limited group, which is India's 4th largest pharmaceutical company, engaged in the development, manufacture and marketing of a wide range of pharmaceutical formulations. Plaintiff's parent company, Mankind Pharma Limited was incorporated in the year 1991 and has since inception built a robust portfolio of trusted brands in the Indian pharmaceutical sector, ranking among the top companies in India in terms of prescription and sales turnover and has a significant presence in both urban and rural markets. 16. It is stated that right from its inception, it has been a constant endeavour of the Plaintiff to provide good quality medicines at affordable cost and in recognition of this, several awards have been bestowed on the Plaintiff such as: (a) Entrepreneur of the Year Award at the Economic Times Awards 2024; (b) Most Trusted Brand of the Nation (PregaNews) at the Indian Brand and Leadership Conclave 2024; (c) Best of Bharat Awards by exchange4media - received in both 2022 and 2023 categories ("Best of Bharat" I "The Best of North"); (d) Most Innovative Green Healthcare Company (NavBharat Environment Conclave 2023); and (e) Healthcare Innovation Excellence Award & Innovative Marketing Campaign of the Year (for PregaNews "Shakti Awareness Program"), to name a few. 17. It is stated that in 2012, Plaintiff's parent company Mankind Pharma Limited, coined and adopted a trademark HEALTH OK with respect to medicinal and pharmaceutical preparations and the products sold under the mark HEALTH OK were meant to cure general debility, weakness, lethargy, fatigue and tiredness and build and improve immunity and overall well- CS(COMM) 345/2026 Page 3 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 being and boost energy levels. 'HEALTH OK' is not common to the trade and to the best of Plaintiffs knowledge, no other trader in the field has used the said expression. HEALTH OK was consciously coined, adopted and conceptualised by Plaintiffs predecessor as a short, powerful and affirmative expression intended to immediately convey wellness, vitality and assurance of good health to consumers across all strata of society. The mark was devised to function as a source identifier for Plaintiff's group's range of health-supplements and pharmaceutical preparations and was launched with a distinctive visual identity and brand philosophy that is exclusively associated with Plaintiffs group. 18. In 2012, Plaintiff's predecessor also created a unique and distinct trade dress , depicting three brightly coloured mnemonics standing on two long, wide and radiant platforms resembling correct/tick symbols in blue and green colours depicting healthy, fit and energetic persons and OK symbolizing good living and health condition. The trade dress has been created and designed with immense skill and labour by Shri Girish Juneja employed with Company, as "Work Made for Hire" and constitutes an 'original artistic' work within the meaning of Section 2(c) of The Copyrights Act, 1957 ('1957 Act') and Plaintiff's predecessor has a right to its exclusive use by virtue of Section 14(c) of 1957 Act and to protect the same from infringement being the first owner under provisions of Section 17(a) . Extensive brand campaigning of the products under the trademark HEALTH OK and unique trade dress has resulted in voluminous sales and consequently in immense goodwill and reputation and the mark has CS(COMM) 345/2026 Page 4 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 acquired a secondary meaning and is associated with the Plaintiff' group alone. 19. It is stated that in order to fortify its rights and secure statutory protection, Plaintiffs predecessor had applied for registration of the trade mark HEALTH OK and its formative marks and some marks have been registered while for some applications are pending, as follows:- CS(COMM) 345/2026 Page 5 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 20. It is stated that states that Plaintiff has used the mark HEALTH OK since 28.12.2013, however, when applications bearing numbers 7190990, 7190991 and 7190992 were filed, inadvertently registrations were sought on 'proposed to be used' but application has been filed on 23.02.2026 to amend the user date and the same is pending. 21. It is stated that since the commercial launch in August 2013, there have been continuous, uninterrupted and extensive sales of goods under the trademark HEALTH OK across India, through an expansive distribution network comprising stockists, distributors, retailers, chemists, modem trade outlets and e-commerce platforms and by virtue of long, open and extensive use the mark HEALTH OK has come to acquire immense goodwill and enviable reputation and has achieved a position of top-of-mind recall among consumers seeking daily health and immunity supplements. HEALTH OK has been aggressively and consistently promoted on a pan-India basis through high-decibel advertising campaigns spanning national television channels, digital platforms, social media, outdoor billboards, transit media and in-store branding. Plaintiffs group has invested substantial financial resources in promoting the mark HEALTH OK through celebrity CS(COMM) 345/2026 Page 6 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 endorsements by nationally recognised sports personalities, including Virat Kohli, whose association with the brand has further strengthened its credibility, aspirational value and consumer trust. These campaigns enjoy wide circulation, high viewership and massive digital engagement, thereby reinforcing the exclusive association between the mark HEALTH OK and the Plaintiffs group in the minds of millions of consumers across the country. The extensive publicity, wide sales footprint and strong recall have ensured that the mark HEALTH OK functions as a badge of origin and instantly and exclusively signifies Plaintiffs goods. 22. It is stated that in 2022-2023, keeping with prevailing industry practices and evolving consumer engagement standards, Plaintiff's group strategically refreshed and modernised the trade dress of its product sold under the trade mark HEALTH OK, with a view to impart a more vibrant, contemporary and youthful visual appeal while retaining its core brand philosophy. Such periodic upgradation of packaging is a well-accepted commercial practice adopted by leading pharmaceutical and FMCG companies to sustain consumer interest, enhance shelf impact and remain relevant in a competitive marketplace. On 19.02.2025 and 04.07.2025, two separate agreements were executed between the Plaintiff and its parent company whereby, applications under the mark HEALTH OK along with the goodwill of the business, earned though nationwide and global sales and reputation under the mark HEALTH OK were assigned to the Plaintiff, by virtue of which Plaintiff is now the sole and absolute registered proprietor of the trade mark HEALTH OK together with the goodwill of the business. 23. It is stated that on 20.03.2026, Plaintiff came across Defendant's goods sold under the mark ESPROT HEALTH OK and in a deceptively CS(COMM) 345/2026 Page 7 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 similar trade dress . From the sample, Plaintiff discovered that Defendant No. 1 is the manufacturer of the impugned products and further inquiry revealed that Defendant No. 2 is the parent entity of Defendant No. 3 under whose corporate structure the impugned products are being commercially sold by Defendant No. 3. Defendant. No. 4, claims to be the distributor of Defendant No. 2 on its website https://www.vinayakremedies.com, where goods are being displayed/ advertised/offered for sale under the impugned mark with the impugned trade dress. Comparative of Plaintiff's and Defendants' trademarks and trade dresses is as follows:- 24. Learned Senior Counsel for the Plaintiff submits that Defendant No.1 has dishonestly and malafidely adopted the impugned mark ESPROT HEALTH OK and trade dress, which are deceptively similar to Plaintiff's prior adopted, prior used and registered trademark HEALTH OK and copyrighted trade dress. Defendants' adoption is without the consent, permission, authorisation or licence of the Plaintiff and is solely intended to ride upon the formidable goodwill and reputation of the Plaintiff for CS(COMM) 345/2026 Page 8 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 unlawful monetary gains and amounts to infringement of Plaintiff's trade mark and copyright as also passing off. Defendants have attempted to come as close as possible to the Plaintiff in order to deceive the public into believing that their goods have some association with the Plaintiff and this is evident from the manner in which the impugned trademark and trade dress has been copied inasmuch as Defendants are using a deceptively similar trade dress comprising of three coloured Mnemonics standing on a long, wide and radiant platform in the shape of a 'correct' or 'tick' symbol, representing 'HEALTHY' human beings. The placement of the impugned trademark ESPROT HEALTH OK on the trade dress is identical and deliberately ESPROT is in a smaller font as compared to the words HEALTH OK. Defendants have also copied the placement of descriptive features such as Taurine, Amino Acids, Ginseng, Cyanocobalamin Multivitamin & Multi Minerals Tablets and therefore, the overall impression of the rival trade dresses will inevitably confused the consumers. 25. It is urged that use of unique features of Plaintiff's trade dress and the trademark as part of their mark and trade dress by the Defendants in not merely 'coincidental'. The malicious act is a deliberate attempt to encash on the goodwill and reputation of the Plaintiff and cause confusion among members of the public and trade by misrepresenting that Defendants' goods have some association with the Plaintiff and/or that Plaintiff has authorised the Defendants to use the same and/or there is some business connection between the Plaintiff and the Defendants, which is causing irreparable damage to Plaintiff's goodwill and reputation and amounts to passing off. The mala fide intent is further visible from the fact that even on the strips of tablets, Defendants have replicated Plaintiff's mark HEALTH OK. CS(COMM) 345/2026 Page 9 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 Comparative of the strips is as follows:- 26. Having heard learned counsel for the Plaintiff and upon perusal of the documents, I am of the view that Plaintiff has made out a prima facie case for grant of ex parte ad interim injunction against the Defendants. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the interim injunction, as prayed for, is not granted. Plaintiff is the registered proprietor of the trademark HEALTH OK and has a copyright in the trade dress, which has unique and distinct features, as aforementioned. Defendants are selling identical goods under deceptively similar mark and trade dress and the trade channels and consumer base being common, there is every likelihood of confusion among members of public and trade. Defendants are prima facie using a deceptively similar mark and trade dress to encash on the immense reputation of the Plaintiff by misrepresenting to the public that their goods have an association with the Plaintiff and this is causing irreparable harm to the goodwill and reputation of the Plaintiff, which it has garnered over the years by continuous and extensive sale of subject products under the trade mark HEALTH OK and its unique trade dress and amounts to infringement of Plaintiff's trademark, copyright as also passing off. CS(COMM) 345/2026 Page 10 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 27. Accordingly, till the next date of hearing Defendants are restrained from manufacturing, marketing and/or selling pharmaceutical preparations and/or any goods which are similar to Plaintiff's goods, under the impugned mark ESPROT HEALTH OK, which is deceptively similar to Plaintiff's registered trademark HEALTH OK and/or using impugned trade dress deceptively similar to registered trade dress of the Plaintiff and/or any other mark/trade dress which are identical/deceptively similar to the mark/trade dress of the Plaintiff, amounting to infringement of registered trade mark and copyright and/or passing off. 28. Plaintiff shall comply with the provisions of Order XXXIX Rule 3 CPC within a period of two weeks from the date of execution of the local commissions. I.A. 8774/2026 (u/O XXVI Rule 9 CPC ) 28. This application is filed on behalf of the Plaintiff seeking appointment of two Local Commissioners. 29. Upon hearing, the application is allowed. 30. Accordingly, Ms. Mahima Chanchalani, Advocate (Mobile No. 7307580337) and Mr. Rishab Gupta, Advocate (Mobile No. 9650028867) are appointed as Local Commissioners, who shall visit the premises as indicated below:- CS(COMM) 345/2026 Page 11 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 S.No. Addresses Names of Local Commissioners 1. Sarabhai Innovative Healthcare LLP, Mr. Rishab Old No. 28, New No. 22, Gupta, Advocate Arcot Street, T Nagar, Chennai, Tamil Nadu- 600017. 2. Vinayak Remedies Limited, Ms. Mahima Chanchalani Plot No. 273, Pocket-D, DSIDC, Udyog Vihar, Sector-3, Bawana, Delhi -110039. 31. Local Commissioners shall visit the aforesaid premises of the Defendants and inspect and make an inventory of the infringing goods and thereafter seize and take them into custody impugned goods bearing the impugned mark/trade dress, packing or packaging materials, publicity materials, labels, cartons, dyes, blocks, moulds and other materials bearing the impugned trademark/trade dress or any other trademark/label identical with or deceptively similar to Plaintiff's trademarks. The goods so seized shall be handed over to the Defendants on superdari with an undertaking that the same shall be produced in Court when directed. 32. Local Commissioners shall also inspect and seize the books of accounts, inventory, records, including cash books, stock register, ledgers relating to sale of goods under the impugned mark/trade dress. 33. Local Commissioners along with the representative of the Plaintiff and/or counsel shall be permitted to enter the aforesaid premises by the Defendants. In case of any obstruction in execution of the commissions, Local Commissioners will be at liberty to take assistance of SHOs of the concerned police stations, who on being contacted shall render complete assistance and cooperation. In case the premises are found locked, Local CS(COMM) 345/2026 Page 12 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48 Commissioners will be at liberty to break open the locks. 34. Plaintiff shall serve a copy of this order upon the Defendants along with paper book of the suit at the time of execution of the commission. 35. Fee of Ms. Mahima Chanchalani is fixed at Rs. 1,50,000/- in addition to other miscellaneous out-of-pocket expenses and fee of Mr. Rishab Gupta, Advocate is fixed at Rs. 2,00,000/- in addition to boarding and lodging and other miscellaneous out-of-pocket expenses and fee shall be paid in advance by the Plaintiff. 36. Reports shall be filed by the Local Commissioners within two weeks from the date of execution of the commissions and Registry shall be informed of the execution of commissions and the filing of the reports, only after which summons will be issued to the Defendants. 37. Application is disposed of. 38. This order will not be uploaded on the website of this Court till execution of the commissions by the Local Commissioners. 39. Copy of the order be given dasti under signatures of the Court Master. JYOTI SINGH, J APRIL 6, 2026/YA CS(COMM) 345/2026 Page 13 of 13 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/06/2026 at 15:19:48
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