Boroline Case Details

"BOROLINE declared well-known: A landmark judgment protecting a legacy brand's identity."

- Court: Delhi High Court

- Judge : Justice Mini Pushkarna

- Date of Judgment : August 7, 2024

Short Description :

The Delhi High Court declared "BOROLINE" as a well-known trademark, recognizing its extensive use since 1929 and distinctiveness. The court restrained M/S Cento Products (India) from using the "BOROBEAUTY" mark, which was deemed deceptively similar to "BOROLINE".

Facts :

- Plaintiff's Claim : G.D. Pharmaceuticals Private Limited claimed exclusive rights over the "BOROLINE" trademark, used since 1929 for antiseptic medicinal ointments and creams.

- Defendant's Actions : M/S Cento Products (India) launched a product called "BOROBEAUTY," which the plaintiff alleged infringed on their trademark rights.

- Similarity: The court found the defendant's mark and trade dress deceptively similar to the plaintiff's "BOROLINE" trademark and trade dress.

Findings :

- Well-Known Trademark : The court declared "BOROLINE" a well-known trademark under Section 2(1)(zg) and Section 11(2) of the Trade Marks Act, 1999, considering its extensive use, recognition, and distinctiveness.

- Infringement : The court found the defendant's use of "BOROBEAUTY" infringed on the plaintiff's trademark rights and constituted passing off.

Judgment :

- Permanent Injunction : The court issued a decree of permanent injunction against the defendant, restraining them from using "BOROBEAUTY" or any similar mark or trade dress.

- Direction to Defendant : The defendant was directed to adopt a new trade name and dress distinct from the plaintiff's and to pay costs of ₹2,00,000 to the plaintiff.