nms2277-10 vai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2277 OF 2010 IN SUIT NO.2255 OF 2010 Serum Institute of India Limited ....Plaintiff V/s. Uni-Pex Pharmaceuticals Pvt. Ltd. & Anr. ....Defendants Ms.Aditi Kulkarni with Mr.Manvendra Kane i/b Mr.Himanshu Kane for the Plaintiff. None for the Defendants. CORAM : S.J. VAZIFDAR, J. DATE : 10TH JUNE, 2011. P.C. :- 1. This is an action for infringement and passing of. The plaintiff’s mark is SN-15. The defendants have adopted the mark SIN-15. 2. The two marks are deceptively similar both visually and phonetically. The addition of the letter “I” in the defendants’ mark makes no difference whatsoever. The products are the same. There is no case of prior user by the defendants of the offending mark. The plaintiff’s marks were registered on 24.5.2000. The plaintiff has annexed the sales figures and promotion expenses which establishes the plaintiff’s reputation in the marks. 3. There is no affidavit in reply. 4. In the circumstances, the notice of motion is made absolute in terms of prayers (a) and (b). No order as to costs.