Delhi HC Grants Interim Relief to Mankind, Restrains AquaKind Labs from Using ‘KIND’ in Trademark

New Delhi: In relief to Mankind Pharma, the Delhi High Court has granted an ex-parte interim injunction restraining AquaKind Labs LLP from using the “KIND” suffix in their trade name “Aquakind.”

This ruling followed a trademark infringement lawsuit filed by Mankind Pharma Limited, which claimed that AquaKind Labs’ use of the name was deceptively similar to its registered trademark “MANKIND,” potentially causing confusion in the pharmaceutical market.

Mankind filed a lawsuit in the Delhi High Court, seeking to restrain AQUAKIND Labs LLP from using its trade name “AQUAKIND,” claiming it infringes on Mankind Pharma’s registered trademarks. The plaintiff, represented by Senior Advocate Chander M. Lail and a team of lawyers, argued that the defendants’ use of “AQUAKIND” is not only visually and phonetically similar to the well-known “MANKIND” trademark but also threatens to cause confusion in the pharmaceutical market.

The plaintiff has been using the “MANKIND” trademark since 1986, first under the name ‘Mankind Pharma’ and later as Mankind Pharma Limited, incorporated in 1991. Over the years, the company has developed a significant portfolio of trademarks incorporating the “KIND” suffix, which has become synonymous with high-quality pharmaceutical products. Mankind Pharma holds registrations for over 300 trademarks with the “KIND” suffix, including names such as HEPAKIND, GLYKIND, and METROKIND, establishing a solid market presence.

The dispute arose when Mankind Pharma discovered that AQUAKIND Labs had started using the trademark “AQUAKIND” for pharmaceutical products, which the plaintiff claims is deceptively similar to its own trademark. The plaintiff argued that this similarity is likely to cause confusion among consumers, especially since both companies operate in the same pharmaceutical space.

Mankind Pharma’s lawsuit also highlighted the malicious intent behind the defendants’ adoption of “AQUAKIND.” The company asserted that the use of a similar name is a deliberate attempt by the defendants to capitalize on the goodwill associated with “MANKIND” and “KIND.” Furthermore, the plaintiff emphasized that such confusion in the pharmaceutical industry could have harmful consequences, as incorrect associations between similar products could jeopardize consumer safety.

As part of the case, Mankind Pharma sought an injunction to prevent the defendants from using the “AQUAKIND” trademark and is also requesting damages and the rendition of accounts for the alleged infringement.

Examining the case, the court observed that the plaintiff, Mankind Pharma, had successfully demonstrated a prima facie case for the grant of an injunction. The court further noted that if no ex parte ad interim injunction were issued, the plaintiff would suffer irreparable harm. The balance of convenience, according to the court, clearly tilted in favor of the plaintiff and against the defendants. It observed;

“The plaintiff has demonstrated a prima facie case for grant of injunction and, in case, no ex parte ad interim injunction is granted, the plaintiff will suffer an irreparable loss. Further, balance of convenience also lies in favour of the plaintiff, and against the defendants.”

In its order, the court prohibited the defendants—AQUAKIND Labs LLP and its affiliates—from selling, advertising, or dealing in any goods or services under the trade name “AQUAKIND” or any trademark that could be confused with Mankind Pharma’s registered trademarks, “MANKIND” and its related “KIND” variants. It noted;

“Accordingly, till the next date of hearing, the defendants, their proprietors, partners or directors, as the case may be, its principal officers, servants, distributors, dealers and agents, and all others acting for and on behalf of the defendants, are restrained m selling, offering for sale, advertising, directly or indirectly dealing 4fiyf gqOds and services under the impugned trade mark/ trade name “AQUAKIND”/ “AQUAKIND LABS LLP’ and or any other trade mark/trade name as may be identical to or deceptively similar with the plaintiff’s registered trademarks “MANKIND” and/ or “KIND” formative trademarks and their variants thereof, so as to cause infringement as well as passing off of the plaintiff s trademarks.”

Additionally, the court addressed the need for evidence preservation and appointed two Local Commissioners to inspect the defendants’ premises. These commissioners are tasked with seizing any infringing products and gathering financial records that relate to the sale of these products.

The case has been scheduled for further proceedings in December 2024, with a final hearing set for March 2025.

To view the original judgement, click on the link below:

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NMC Imposes Stricter Penalties for Violating PGMER in NEET PG Admissions

Medical Colleges running postgraduate medical courses may lose double the number of seats for one or more years if they violate the Postgraduate Medical Education Regulations (PGMER) rules, 2023.

Laying down the rules and regulations for postgraduate medical admission, the Apex Medical Education Regulatory Body i.e. NMC on December 29, 2023 released the PGMER 2023 Regulations.

For more information, click on the link below:

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Secondhand clothes can be swimming in germs—what vintage shoppers need to know

Demand for secondhand and vintage clothing has surged within the last few years. Pre-owned fashion is seen by many consumers as a cheaper, more environmentally friendly way to expand their wardrobe.

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1 in 5 people could have long COVID

More than 1 in 5 Americans likely suffer from long COVID, a new AI-assisted review has found.

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Fasting, eating earlier in the day or eating fewer meals—what works best for weight loss?

Globally, 1 in 8 people are living with obesity. This is an issue because excess fat increases the risk of type 2 diabetes, heart disease and certain cancers.

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Canada reports first case of bird flu in a person

A teenager in British Columbia has become the first person in Canada to test positive for bird flu, authorities said Saturday.

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Brick by colorful brick: LEGO helps bridge gap between midwifery and medical students

Normally a staple of the childhood toybox, new research has found that LEGO bricks can be an effective ice breaker between midwifery and medical students.

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Rajasthan HC Raises Concern over State Govt’s Laxity in Providing Separate Wards for Transgenders

Jaipur: The Rajasthan High Court (HC) has expressed serious concerns over the lack of separate wards and facilities for transgender individuals in government hospitals and care centres across the state.

During a hearing on a public interest litigation (PIL) filed by the Sambhali Trust, the court scheduled the matter for final disposal on November 14.

Sambhali Trust which advocates for the rights of the Transgender community, is represented by the counsel Shivani Singh. During the court hearing, Singh argued that the current healthcare infrastructure in Rajasthan fails to provide essential welfare facilities to the transgender communities. The division bench, comprising justices Shree Chandrashekhar and Madan Gopal Vyas, heard this argument.

Also Read: Non-inclusion of disability, transgender rights in CBME Curriculum: Centre serves notice to NMC

In her argument she also highlighted the discrimination present in hospitals, noting that they provide wards and amenities only for men and women, leaving transgender individuals without access to inclusive medical infrastructure. She further emphasized that the lack of such infrastructure only exacerbates the challenges faced by the transgender community.

The transgender community often faces unique societal perceptions and stigma. Singh pointed out that this discrimination within healthcare settings makes it difficult for them to access adequate care in a supportive environment. Noting this, She emphasized the need for dedicated facilities for transgender individuals.

The bench observed that under Section 15 of the Transgender Persons (Protection of Rights) Act, 2019, healthcare in hospitals and health institutions is a legal right for transgender individuals to access.

However, Singh argued that these provisions are not fully implemented in Rajasthan. She pointed out that while other states like Maharashtra have already made strides in this direction by establishing dedicated hospital wards for transgender people, Rajasthan has yet to take such steps.

Also Read: Gauhati High Court orders Assam Govt to address issues with Reconstructive Surgery Facility for Transgenders

As per the recent media report by the Hindustan Times, the court also noted, “We observe that, due to laxity on the part of the respondent-State in filing a response in the present proceeding, the right to file a counter affidavit was forfeited on September 19, 2024. This matter has since appeared on the board multiple times. Despite this, state counsel Anita Rajpurohit requested a further adjournment.”

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Fact Check: Can Drinking Lemon Ginger Tea Every Day Bid Diabetes Goodbye?

A Pinterest post claims that Drinking Lemon Ginger Tea Every Day can Bid Diabetes Goodbye. This claim is False.

Claim

In a Pinterest post, it is claimed that Drinking Lemon Ginger Tea Every Day can Bid Diabetes Goodbye. The post by Cathy Foster in the post writes that Drinking Lemon Ginger Tea Every Day has multiple health benefits. It includes making your hair long and strong, relieving inflammation and pain, Treat ovarian cysts naturally, Fight indigestion, and Improving your skin health. Among these numerous health claims, the user also claims that Drinking Lemon Ginger Tea Every Day can Bid Diabetes Goodbye. The post can be accessed here.

Fact Check

A Pinterest post claiming that Drinking Lemon Ginger Tea Every Day can Bid Diabetes Goodbye is False. Ginger lemon tea may assist in preventing and managing type 2 diabetes, but there is no evidence supporting the ingredients effectiveness for other types of diabetes. It is also important to note that diabetes is a chronic condition that cannot be cured.All the measures such as drinking lemon tea may aid a little bit in managing diabetes but cannot cure diabetes or bid it goodbye.

What are the health benefits of Lemon?

Lemon scientifically known as Citrus Lemon (L.), part of the evergreen tree family Rutaceae, is native to South Asia and is predominantly found in Northeast India. A peeled lemon contains 17 calories, whereas an unpeeled one has 22 calories. A single tablespoon of lemon juice provides 3 calories, and according to “World’s Healthiest Foods,” a quarter cup of lemon juice delivers 31% of the daily recommended intake of vitamin C, 3% of folate, and 2% of potassium, totaling 13 calories. Lemon is known for its wide-ranging attributes and its importance in various aspects of life, such as food, medicine, and nutrition. Lemon, along with its juice, leaf oil, citric acid, alkaloids, and other nutrients, may be used as aid for conditions like osteoporosis, insomnia, asthma, nausea, vomiting, motion sickness, acne spots, throat infections, scurvy, fever, and maintaining pH balance, among other uses.

Health Benefits Of Ginger

Ginger (Zingiber officinale) has long been valued as a medicinal herb due to its health benefits. The bioactive compounds in ginger are known for their antioxidant and anti-inflammatory properties, which can help modulate the immune system additionally, ginger aids in muscle relaxation. It is also recognized for its antioxidant benefits.

Tea and its consumption

Tea is widely enjoyed for its pleasant taste and reputed health benefits. While these benefits have been associated with tea for centuries, scientific research into its properties and components has been active for approximately 30 years. The positive health effects linked to tea consumption may stem from its rich concentration of bioactive compounds, particularly polyphenols. These polyphenols have been shown to have antioxidant, antiviral, and anti-inflammatory properties; enhance the activity of detoxifying enzymes; boost immune response; and reduce platelet aggregation.

What is Diabetes?

Diabetes is a long-term condition that arises when the pancreas produces insufficient insulin or when the body cannot use the insulin it produces efficiently. Insulin is a hormone that helps regulate blood sugar levels. Hyperglycemia, or elevated blood sugar, is a common outcome of poorly managed diabetes and, over time, can result in significant damage to various body systems, particularly the nerves and blood vessels.

Types of Diabetes

There can be different types of diabetes and WHO defines the condition of diabetes is classified into four major distinct types.

Type 1 diabetes, also known as insulin-dependent or juvenile diabetes, results from insufficient insulin production, requiring daily insulin intake. In 2017, approximately 9 million people were affected, mainly in high-income countries. The exact cause and preventive measures remain unknown.

Type 2 diabetes affects how the body uses glucose for energy by impairing insulin function. This can lead to high blood sugar levels and, over time, can cause damage to nerves and blood vessels. It is often preventable, with risk factors including excess weight, lack of exercise, and genetics. Early detection through regular health check-ups and blood tests is crucial. Symptoms may develop slowly, often going unnoticed for years and only being diagnosed after complications arise. More than 95% of diabetes cases are type 2, once called non-insulin dependent or adult-onset diabetes, and it is now increasingly seen in children.

Another type of diabetes is Gestational diabetes, which occurs during pregnancy and is marked by blood sugar levels higher than normal but not reaching diabetic thresholds. It increases the risk of pregnancy and delivery complications and raises the likelihood of type 2 diabetes later for both mother and child. Diagnosis is made through prenatal screening.

Impaired glucose tolerance (IGT) and impaired fasting glycemia (IFG) are conditions between normal blood sugar levels and diabetes. While they raise the risk of developing type 2 diabetes, progression is not certain.

Can Diabetes Be Cured?

Currently, there is no cure for diabetes or a way to eliminate it entirely, it is possible for most people to achieve diabetes reversal. This involves effectively managing blood sugar levels to the extent that medication is no longer needed and maintaining that state through a consistent routine of healthy eating and regular exercise. 

Dr. Uzma Khan, Sr. Consultant Diabetes, Endocrinology & Metabolism, Apollo Sugar Kondapur, Hyderabad explained, “Diabetes, whether Type 1 or Type 2, is currently considered a chronic, non-curable condition. While Type 2 diabetes can sometimes be managed to the point of remission through lifestyle changes like diet, weight loss, and exercise, this does not mean it is cured. The risk of recurrence remains, and continuous management is essential. Type 1 diabetes requires lifelong insulin therapy and careful monitoring. It’s important for individuals to understand that there is no cure for diabetes, and effective, long-term management requires medical guidance, lifestyle adjustments, and regular health check-ups to prevent” complications.

Can Drinking Lemon Ginger Tea Every Day Bid Diabetes Goodbye?

Lemon, ginger and tea contain compounds that may support overall health and metabolic function. These ingredients may also be considered for Type 2 Diabetes management due to their beneficial properties; however, there is no scientific evidence supporting their combined efficacy for other types of diabetes. Diabetes is also a chronic condition that cannot be cured hence the claim by the user is False.

Research highlights the potential benefits of ginger in managing chronic conditions like type 2 diabetes. A randomized, double-blind, placebo-controlled trial published in Complementary Therapies in Medicine demonstrated that consuming three one-gram capsules of ginger powder daily for an 8-week period benefits patients with type 2 diabetes by reducing fasting blood sugar, lowering HbA1c levels, and improving insulin resistance indices.

Similarly, Nafiseh Khandouzi et. al. in their study revealed that ginger supplementation notably lowered FBS, HbA1c, Apo B, Apo B/Apo A-I ratio, and MDA levels, while boosting Apo A-I levels in individuals with type 2 diabetes. These findings suggest that ginger may serve as an effective approach for mitigating the risk of secondary chronic complications associated with diabetes.

Lemon extract is gaining attention as a potential aid in diabetes management. A randomized controlled trial published in the European Journal of Nutrition confirmed findings from earlier in vitro studies, demonstrating that reducing the pH of a meal can slow starch digestion by prematurely inhibiting salivary α-amylase. Additionally, the effect of lemon juice was found to be comparable to that of vinegar and other acidic foods. Therefore, incorporating acidic foods or beverages into starchy meals may be a straightforward and effective approach to lower their glycemic impact.

Another study by Petrus Mantur et. al. highlighted its therapeutic benefits, showing that lemon extract can help regulate blood sugar levels and promote pancreatic β cell regeneration in alloxan-induced mice. 

Tea, a globally cherished beverage, has been studied for its potential health benefits, including its role in diabetes management. A meta-analysis featured in the Journal of General Internal Medicine suggests that tea consumption could reduce the risk of developing type 2 diabetes. 

Incorporating lemon ginger tea into your daily routine can offer health benefits, but it is not a cure for diabetes, which is a chronic condition requiring comprehensive management.

Responding to the claim Dr. Uzma Khan, Sr. Consultant Diabetes, Endocrinology & Metabolism, Apollo Sugar Kondapur, Hyderabad said, “Lemon ginger tea offers antioxidant and anti-inflammatory benefits, but it’s crucial to understand that diabetes is a chronic condition without a cure. Managing diabetes requires a comprehensive approach, including medication, balanced nutrition, regular exercise, and consistent blood sugar monitoring. While healthy dietary habits can support overall health, drinking lemon ginger tea daily will not ‘bid diabetes goodbye.’ Misconceptions like these can lead to poorly managed diabetes.”

Dr. Rajesh Bendre, National Technical Head, Apollo Diagnostic further added, “While lemon ginger tea can be a healthy addition to your diet due to its antioxidant and anti-inflammatory properties, it is important to understand that diabetes is a chronic, dysregulated lifestyle-related condition. Managing diabetes effectively involves a comprehensive approach, including proper diet, medication, regular exercise, and consistent monitoring of blood sugar levels. There is no evidence to support that only drinking lemon ginger tea daily can ‘bid diabetes goodbye.’ Relying solely on this approach may lead to poorly managed diabetes and serious health complications. The only way to work on diabetes is through maintaining weight, eating healthy diet without added sugar, and regular exercise.”

Medical Dialogues Final Take

Ginger, lemon, and tea may have potential benefits for managing type 2 diabetes, such as improving blood sugar control, enhancing lipid profiles, and supporting insulin resistance and pancreatic health, potentially reducing diabetes risk. However, there is no evidence of their impact on other types of diabetes. It is important to note that while these ingredients may aid in management, no scientific proof or medical consensus supports the claim that Drinking Lemon Ginger Tea Every Day can Bid Diabetes Goodbye, which remains an incurable chronic condition.

Hence, the claim by the Pinterest User is False.

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USFDA classifies Biocon Biologics Biocon Park Site in Bengaluru as VAI

Bengaluru: Biocon has announced that the U.S. Food and Drug Administration (USFDA) has classified Biocon Biologics‘ facilities at Biocon Park, Bengaluru, India, as Voluntary Action Indicated (VAI).

This relates to the combined cGMP inspection and Pre-Licensing Inspection (PLI)
conducted by the agency between July 15 – 26, 2024.

The inspection scope had
included six (6) separate Biologics manufacturing units comprising of four (4) Drug
Substance and two (2) Drug Product manufacturing plants as well as five (5) Analytical
Quality Control Laboratories, four (4) Microbiology Laboratories, and two (2)
Warehouses.


“Biocon Biologics remains committed to global standards of Quality and Compliance,” the Company’s spokesperson stated.

Voluntary action indicated means objectionable conditions or practices were found, but the agency is not prepared to take or recommend any administrative or regulatory action.

Medical Dialogues team had earlier reported that the US FDA had concluded a surveillance inspection with four observations at the Biocon’s API facility (Site 2), located at Bengaluru, Karnataka.

Read also: Biocon Biologics Bengaluru drug substance facility classified as VAI

Biocon Limited, publicly listed in 2004, is an innovation-led, global biopharmaceutical company. It has developed and commercialized novel biologics, biosimilars and complex small molecule APIs in India and several key global markets, as well as generic formulations in the US and Europe.

Read also: Biocon Biologics refinances USD 1.1 billion long term debt through USD Bonds new syndicated facility

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