- Court
- High Court of Delhi
- Decided
- 27 August 2026
- Bench
- Jyoti Singh
- Case no.
- CS(COMM) 100/2026
Judgment
O R D E R %
31.08.2026 Matter is taken up today as 27.08.2026 was declared holiday vide Notification No.85/G-4/Genl.-I/DHC dated 21.08.2026.
¶1This suit is instituted on behalf of the Plaintiff inter alia seeking a decree of permanent injunction restraining the Defendant and all others acting on its behalf from selling, offering for sale, supplying, using, advertising and/or directly or indirectly dealing in goods/services in India under the impugned trademarks/trade name KIND PATCHES / / KINDPATCHES PRIVATE LIMITED and/or any other trademark/trade name identical or deceptively similar to Plaintiff's registered trademarks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
KIND/MANKIND and KIND formative marks and variants thereof, amounting to infringement and/or passing off.
¶2During the pendency of the suit, parties were referred for mediation before the Delhi High Court Mediation and Conciliation Centre, where they have amicably settled their inter se disputes and executed a Settlement Agreement dated 24.08.2026, incorporating the terms of settlement. Copy of the Settlement Agreement is on record and has been perused by the Court. Defendant has inter alia agreed to withdraw the Indian Trademark Application bearing No. IRDI-6691414 for the mark by filing appropriate request before WIPO within 10 days from the date of execution of the Settlement Agreement as also to withdraw/cancel any other trademark application(s)/registration(s) filed by or on its behalf in India, for KIND PATCHES / including but not limited to Trade Mark Application No. 7541534 for trademark KIND PATCHES, filed in India.
¶3Accordingly, suit is decreed in terms of the settlement between the parties and the Settlement Agreement shall form a part of the decree and terms thereof shall bind the parties thereto.
¶4Registry is directed to draw up the decree sheet.
¶5Suit stands disposed of along with pending applications.
¶6Plaintiff is held entitled to refund of entire court fees in accordance with Court Fees Act, 1870. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
¶7At this stage, learned counsels jointly submit that the period agreed between the parties for the Defendant to withdraw the trademark application be extended. Accordingly, the period agreed in paragraph 3 of the Settlement Agreement is extended by a further period of three weeks from today.
¶8Date of 09.09.2026 before learned Joint Registrar stands cancelled.
JYOTI SINGH, J AUGUST 31, 2026/AK The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Case details
Parties and counsel
* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010035222026 + CS(COMM) 100/2026 & I.As. 2913/2026, 16490/2026 MANKIND PHARMA LIMITED .....Plaintiff Through: Ms. Nidhi Pathak, Advocate. versus KIND PATCHES LIMITED .....Defendant Through: Mr. Sharabh Shrivastava, Ms. Suva Batabyal and Mr. Devesh Aswal, Advocates. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH
Source: High Court of Delhi, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.