Delhi High Court Declares 'Boroline' As Well Known Trademark, Restrains Use Of 'Borobeauty'

The Delhi High Court has declared the word “Boroline”, used for selling 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 add the word to the list of well-known trademarks, upon G. D. Pharmaceuticals, the company which manufactures Boroline, completing the requisite formalities.

The court permanently injuncted a company namely Cento Products, from manufacturing or selling or advertising similar products with the name "BOROBEAUTY‟.

“The duration of the use of the trademark “BOROLINE”, can be gauged from the document showing the advertisement of the product under the mark “BOROLINE”, as occurring in newspaper on 15th August, 1947, the day, our Country attained Independence,” the court noted.

The suit was filed by GD Pharmaceuticals in 2019 against Cento Products alleging that the latter adopted the mark “BOROBEAUTY‟ which was deceptively similar to the use of its registered trade mark „BOROLINE‟. Boroline was aggrieved by the imitation of its iconic trade dress of a distinct dark green tube ending in an octagonal black cap.

The court directed Cento Products to change its trade dress and trademark, which shall be totally distinct and different 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.

Considering the pendency of the suit for a long time, the court directed the defendant company to pay costs of Rs. 2 lakhs to Boroline.

Title: G.D. PHARMACEUTICALS PRIVATE LIMITED v. M/S CENTO PRODUCTS (INDIA)

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