The Delhi High Court has officially recognised ‘Boroline,’ used for marketing an antiseptic Ayurvedic cream, as a well-known trademark under the Trade Marks Act,1999. Justice Mini Pushkarna emphasised that ‘BOROLINE’ has undeniably achieved household name status and is one of the oldest trademarks, continuously in use since before India’s independence.
The court ordered the Registrar of Trademarks to add ‘Boroline’ to the list of well-known trademarks after G.D. Pharmaceuticals, the company behind Boroline, completes the necessary formalities. Additionally, the court issued a permanent injunction against Cento Products, prohibiting them from manufacturing, selling, or advertising products with the name ‘BOROBEAUTY.’
The court highlighted the long-standing use of the ‘Boroline’ trademark, referencing an advertisement for the product that appeared in a newspaper on August 15, 1947, the day India gained independence.
The lawsuit, filed by G.D. Pharmaceuticals in 2019, claimed that Cento Products had adopted the mark ‘BOROBEAUTY,’ which was deceptively similar to the registered trademark ‘BOROLINE.’ Boroline was concerned about the imitation of its iconic trade dress, featuring a distinct dark green tube with an octagonal black cap. The court ordered Cento Products to change its trade dress and trademark to something entirely different from Boroline’s well-known branding.
The court further instructed Cento Products to avoid using the dark green color scheme associated with Boroline and to choose a new trade name that does not include the prefix ‘BORO’ or resemble the ‘BOROLINE’ trademark. Given the prolonged duration of the lawsuit, the court also directed Cento Products to pay ₹2 lakhs in costs to Boroline.
Vakilsearch can assist in protecting your well-known trademarks by offering expert legal advice on securing and enforcing trademark rights. They ensure compliance with court orders, manage trademark registrations, and handle disputes with precision. For cases like Boroline’s, Vakilsearch can facilitate the necessary legal formalities for recognition as a well-known trademark, implement court directives, and negotiate settlements to uphold your brand’s distinctiveness and market position effectively.
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