The Delhi High Court has recognized "Boroline," used for the sale of an antiseptic ayurvedic cream, as a well-known trademark under the Trade Marks Act.
“There is no denying the fact that “BOROLINE” has attained the status of a household name, and is one of the oldest trademarks, which has been in continuous use, preceding the independence of India,” Justice Mini Pushkarna said.
The court directed the Registrar of Trademarks to include the word in the list of well-known trademarks, following G.D. Pharmaceuticals' completion of the required formalities. The court issued a permanent injunction against Cento Products, prohibiting the company from manufacturing, selling, or advertising similar products under the name "BOROBEAUTY."
The court noted that “the duration of the use of the trademark ‘BOROLINE’ is evidenced by a document showing the advertisement of the product under the mark ‘BOROLINE,’ published in a newspaper on 15th August, 1947, the day of India’s Independence.”
The suit was initiated by G.D. Pharmaceuticals in 2019, alleging that Cento Products had adopted the mark “BOROBEAUTY,” which was deceptively similar to its registered trademark “BOROLINE.” The plaintiff claimed that Boroline's distinctive trade dress—a dark green tube with an octagonal black cap—was being imitated.
The court ordered Cento Products to modify its trade dress and trademark, ensuring that they are entirely distinct from Boroline’s well-known trademark and trade dress. “The defendant shall not use the trade dress of dark green colour, which is used by the plaintiff. Further, the defendant shall adopt a new trade name, which would not include the prefix „BORO‟ and would not be similar to the trademark of the plaintiff, "BOROLINE,” the court said.
Given the prolonged pendency of the suit, the court also ordered the defendant to pay Rs. 2 lakhs in costs to Boroline.
Case: G.D. Pharmaceuticals Pvt. Ltd. v. M/s Cento Products (India)2024
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