1 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 925 OF 2007 IN SUIT NO. 704 OF 2007 Biostad India Ltd. ....Plaintiff V/s. Shilpa Biochemicals Pvt. Ltd. ....Defendant ----- Mr. Ashutosh Kane a/w Mr. Hiren Kamod i/b H.W. Kane, for the Plaintiff. None for the Defendant. ---- CORAM : S.J. VAZIFDAR, J. DATE : 12TH AUGUST, 2009. P.C. :- 1. This is an action for infringement and passing off in respect of the Plaintiff’s registered word mark ‘BIOZYME’. The mark is registered under Class-I. 2. The Defendant has used the trade mark “BIOJAYAM’. There is clearly a visual as well as aural similarity between these two marks. The Defendant has also used the trade-mark in respect of similar product. The Plaintiff has thus made out more than just a strong prima facie case. The Notice of Motion is therefore made absolute in terms of prayers (a) and (b). 3. The Notice of Motion is accordingly disposed of.