Delhi High Court Recognises 'Family of Marks' Doctrine in Trademark Dispute

The Delhi High Court upheld the “family of marks” doctrine, allowing trademark owners to seek injunctions where an impugned mark shares a common element with a series of registered marks.

Modi Mundipharma, owner of multiple Class 5 trademarks ending with “CONTIN” (e.g., FECONTIN‑F), alleged that Speciality’s Meditech FEMICONTIN infringed its mark and diluted its brand. 

The Court rejected the argument that such claims apply only in passing off cases and clarified that infringement claims remain valid unless the mark is legally cancelled under Section 47 of the Trade Marks Act.

The court refused a blanket ban on all “CONTIN”-based marks, stressing that each case must be assessed individually based on the likelihood of confusion and factual context.