Facts:

• Plaintiff, Mankind Pharma Ltd., was the fourth largest pharmaceutical company in India, registering the mark ‘Mankind’ in 42 classes for three decades, using various marks with prefixes and suffixes to ‘MANKIND’ and/or ‘KIND’, and maintaining websites with the name ‘MANKIND’.
• Defendant No. 1, Chanda Mani Tiwari, founder and director of ‘MERCYKIND PHARMACEUTICALS Pvt. Ltd.’, and Defendant No. 2 used trademarks like ‘MERCYMOX’, ‘MERCYCOUGH’, and ‘MECRYCOPE’.
• Defendant No. 1, a former employee of the Plaintiff, possessed the Plaintiff’s business module.
• Plaintiff discovered Defendant's trade name in the Trademark Registry on 05.11.2016 and sent a cease-and-desist notice before filing the case, which the Defendants ignored.
• The suit was filed against the Defendants as he breached fiduciary duty and that their trade name was deceptively similar to Plaintiff’s corporate name/trade name, MANKIND PHARMA LIMITED, the plaintiff sought a perpetual injunction for trademark infringement, passing off, and ancillary reliefs like delivery, accounts, and damages.
  

Main Issue:

1. Whether the Defendant's use of Plaintiff's trademark as part of their business name, as outlined in Section 29, constitutes infringement?
2. Whether attaching the name of defendant No. 2 Company with the word "MERCYKIND" on the defendants' medicines, which was objected, constitute its use as a trademark under Section 29 of the Act, as described in subsection (6)?