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New Delhi: The Delhi High Court has granted an ex-parte ad-interim injunction restraining Carens Pharmaceuticals from manufacturing or selling veterinary or pharmaceutical preparations under the mark CALDIMUST, holding that the mark and label were deceptively similar to Mankind Pharma's registered trademark CALCIMUST.The order was passed by Justice Tejas Karia in a commercial suit filed by Mankind Pharma Limited seeking protection of its registered trademarks, copyright, and other related rights.Mankind Pharma, incorporated in 1991, is one of India’s leading pharmaceutical manufacturers and marketers. The company adopted the trademark ‘CALCIMUST’ in 2009 for its veterinary range and subsequently registered it under the Trade Marks Act, along with ‘MANKIND’s CALCIMUST’.In the year 2009, the Mankind Pharma adopted the Trade Mark ‘CALCIMUST’ with respect to veterinary preparations. The firm stated that the prefix “CALCI” was derived from “Calcium” and combined with “MUST” to indicate that the product is essential for animal health. The company claimed that the brand has achieved a strong reputation in the market. Mankind Pharma has grown into a successful and profitable enterprise and enjoys an exemplary reputation and goodwill for its products. In the year 2024, Plaintiff’s group of companies had achieved a consolidated audited turnover of over INR 9,264 crores.Also Read: Mankind Pharma Secures Interim Injunction Against Biodiscovery Over Fendikind, Zenkind, Kind TrademarksIn August 2025, Mankind Pharma discovered that Carens Pharmaceuticals was selling veterinary products under the mark ‘CALDIMUST’, using a “deceptively similar artwork / getup / label” resembling that of Mankind’s CALCIMUST GEL. Both labels reportedly shared a brown background, white bold lettering for the brand name, yellow “Gel” text, and identical animal silhouettes. Represented by advocates Mr Hemant Daswani, Ms. S. Bajpai, and Ms. Pranjal, Mankind Pharma argued that Carens Pharmaceuticals had “flooded the market with the infringing goods” to “ride upon the goodwill of the Plaintiff and cash upon it by creating a sense of confusion in the minds of the general public.”The company contended that Carens had intentionally imitated its established brand to mislead consumers and gain unlawful benefit from Mankind’s market reputation. It also requested urgent relief to prevent concealment or destruction of infringing material.Carens Pharmaceuticals was not represented during the initial hearing. Considering Mankind’s request for urgent interim relief and the risk of evidence suppression, the court heard the matter ex-parte and exempted Mankind Pharma from pre-institution mediation and advance service of notice.After reviewing the documents, packaging samples, and legal submissions, the High Court observed that:“Prima facie, this is a case of triple identity, where the impugned mark/label is identical, the product category is identical, and the trade channel as also the consumer base is identical to the Plaintiff’s mark/label, as the overall layout, colour scheme, and animal imagery combine to create a visual resemblance that is likely to cause confusion amongst the members of the public and trade, who may associate the Defendant’s products bearing the impugned mark and label with the Plaintiff, consequently, diluting the goodwill and reputation of the Plaintiff’s products.”The Court found that the similarity between CALDIMUST and CALCIMUST was not coincidental but likely a deliberate attempt to deceive consumers and exploit Mankind’s brand equity.Granting interim protection to Mankind Pharma, the Delhi High Court ruled:"Till the next date of hearing, the Defendant, its directors, assignees in business, its associates, affiliates, franchisees, licensees, distributors, dealers, stockists, retailers, agents, and all others acting for or on its behalf, are restrained from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in veterinary and pharmaceutical preparations under the impugned mark ‘CALDIMUST’ and/or impugned label or any other trademark/label that may be identical/deceptively similar to the Plaintiff’s trademark ‘CALCIMUST’."The court also appointed Advocate Thejesh R as Local Commissioner to visit Carens Pharmaceuticals’ premises at Malleshpalya, Bengaluru, and “inspect and seize any impugned products, packaging materials, advertising content, or unfinished goods” bearing the infringing mark. The commissioner was further empowered to take photographs, access business records, and submit a detailed report within two weeks. The next hearing is scheduled for January 20, 2026.Also Read: Bombay HC Grants Relief to Sun Pharma in Trademark Battle Over LuprideTo view the official order, click the link below:https://medicaldialogues.in/pdf_upload/highcourtorder-303600.pdf
