In a trademark infringement suit, the Delhi High Court has issued an order in favor of GD Pharmaceuticals’ ‘Boroline’. The court held that the Boroline trademark is a “well-known trademark” and directed Cento Products (India) to change its trade dress and trademark “Borobeauty”.
The court said that Cento Products (India) “shall not use the trade dress of dark green colour” and the company should adopt a new trade name which would not include the prefix ‘Boro’.
Additionally, the Delhi HC asked Cento Products to pay Rs 2 lakh to GD Pharmaceuticals for the long pendency of the copyright infringement and trademark suit.
“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,” the court said.
GD Pharmaceuticals filed a lawsuit against Cento Products (India) for using a deceptively similar trademark, ‘Borobeauty,’ for their antiseptic creams.
The plaintiff argued that the use of ‘Borobeauty’ by the defendant was deceptively similar to ‘Boroline’, resulting in confusing consumers.
The court ruled that ‘Boroline’ had been in continuous use since 1929 and the brand has also acquired goodwill. GD Pharmaceuticals also provided a newspaper clip from August 15, 1947 — the day India became independent — containing a Boroline ad. The plaintiff also said that the Boroline trademark is recognized not only in India but also in countries like Oman, Turkey, Bangladesh, and UAE.