1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.265 OF 2007 IN SUIT NO.158 OF 2007 BPL Pharmaceuticals Pvt.Ltd. ....Plaintiff V/s. Euro BPL Pharma and others ....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. The Defendants have used the identical mark. The Defendants mark has also been registered albeit in the year 2002. 3. The font in both the marks is the same except that the letters in the Plaintiff’s mark are thicker. 4. The packages and the manner in which the marks are used are also identical. Ad-interim order was passed on 9.2.2007 in favour of the Plaintiff. I am in respectful agreement with the basis for the same. Prima- facie the mark is not a generic term. The reputation of the Plaintiff’s mark has not been questioned. The Plaintiff’s prior use thereof is clear. 2 5. However, in an affidavit dated 12.6.2007 filed by the Defendants, it is stated that they have stopped using the marks since January, 2007. There is no change in the statement thereafter todate. 6. In the circumstances, the Notice of Motion is made absolute in terms of prayer (b).