1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.928 OF 2007 IN SUIT NO.660 OF 2007 BPL Pharmaceuticals Pvt.Ltd. ....Plaintiff V/s. BPL Life Sciences & Anr. ....Defendants Mr.K.D. Shah for the Plaintiff. Mr.Pankaj Kowli i/b Ms.U.M. Jhaveri for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 4TH AUGUST, 2009. P.C. :- 1. This is an action for infringement of a registered trade mark and for passing of. 2. The Plaintiff’s mark SKEEN was registered in 1989 in Class V i.e. for pharmaceuticals products. 3. The Defendants have used the identical mark in respect of its packages for cream. The only difference is that in addition at the lower end on the right side of the letter “N” the Defendants have added the word “Life” in a stylished form. This to my mind does not distinguish the two marks. The Defendants have made out a clear case of infringement and passing of. Apart from the fact that the Plaintiff’s mark is registered, the Plaintiff’s reputation therein is not questioned. Nor is the Plaintiff’s prior user questioned. 4. Thus the Plaintiff has made out a case for infringement and 2 passing of in respect of the use of the mark SKEEN. 5. I am further not inclined to grant any injunction restraining the Defendants from using “SKIN life” in respect of soap. It is made clear however that the injunction I propose passing will apply to all the products including cream for the reason that there is a clear connection between the products viz. cream as well as soap. 6. In the circumstances, the Notice of Motion is made absolute in terms of prayers (a) and (b).