pvr １ apl431-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (Lodg) NO.431 OF 2011 IN NOTICE OF MOTION NO.2696 OF 2010 IN SUIT NO.2564 OF 2010 1.Green Signal Bio Pharma Pvt.Ltd. and another. ...Appellants vs. Serum Institute of India Ltd. ...Respondent --- Mr.Rahul Chitnis i/b. Devand H.Shah, for Appellants. Mr.Himanshu W.Kane with Hiren K. i/b.H.W.Kane & Co., for Respondent. --- CORAM: D.K.DESHMUKH & R.G.KETKAR, JJ. DATED: 8th August,2011. P.C.:- 1. This appeal filed by the defendants takes exception to the order passed by the learned Single Judge in Notice of Motion no.2696 of 2010. We have heard the learned Counsel appearing for pvr ２ apl431-11 both the sides. We have gone through the record. The learned Single Judge has passed a well reasoned order for granting injunction. The product involved is medicine. The registered trade mark of the plaintiff is ONCO BCG . The mark is admittedly registered with effect from 2006. The plaintiff is selling his product from 2006-07. He has given his sale figures which are substantial. The defendants trade mark is BCG ONCO BP . He has started selling this product from the year 2009. The only explanation for adoption of the mark is that about BCG the plaintiff cannot claim exclusivity, whereas ONCO is common to the trade. The defendants, admittedly, have adopted the mark without even making attempt of search and that is the only explanation given for adoption of mark when the plaintiff s mark was in the market with substantial sale. Considering the observations of the Supreme Court in its judgment in the case Candila Health Care Ltd. VS. Candila pvr ３ apl431-11 Pharmaceuticals Ltd., 2001 PTC 300 (SC) , in our opinion, the learned Single Judge was perfectly justified in granting injunction considering likelihood of confusion and harm to the public interest. In our opinion, the appeal cannot be entertained. It is rejected. 2. At this stage, a request is made for continuation of ad-interim order. In our opinion, considering that the mark relates to the medicine and the settled law in relation to granting injunction in relation to pharmaceutical product, it will not be appropriate to continue the ad- interim order. The request is,therefore, rejected. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)