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The court emphasized that the antiseptic cream “Boroline” has grown phenomenally over the years. It has attained prominence and immense goodwill in the market and is highly popular.
On Tuesday, the Delhi High Court in a trademark infringement suit declared the word "Boroline", which has been used in connection with antiseptic creams for the last 90 years, to be a well-known trademark under the Trade Marks Act, 1999.
The Bench led by Justice Mini Pushkarna while acknowledging the acquired 'distinctiveness' of ‘Boroline’ remarked, "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 bench consequently directed the Registrar of Trademarks to add the same to the list of well-known trademarks upon completion of requisite formalities by “Boroline”.
It further added, “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 a newspaper on 15th August 1947, the day, our Country attained Independence”.
Accordingly, the court issued a permanent injunction with directions to the defendant to “change its trade dress and trademark, which shall be totally distinct and different from the plaintiff‟s well-known trademark and trade dress”.
Background
In 2019, a suit for permanent injunction was filed by GD Pharmaceuticals against Cento Products's “Borobeauty" for allegedly having a deceptively similar trademark as ''Boroline''
The bench in the instant case ordered a decree in favour of ''Boroline'' and directed ''Borobeauty” to pay a compensation amount of ₹ 2,00,000/-within a period of eight weeks due to the pendency of the suit.
The court noted that due to its high popularity and continuous use, the trademark is now well-recognized not only in India but also in other countries such as Turkey, UAE, Bangladesh etc.
Notably, “Boroline” was selected as an Indian “Consumer Super Brand” six times consecutively between the years 2003 and 2017. It was also selected as a “Master Brand” in the year 2014 and was listed among the “Most Desirable 30 Power Brands” in the year 2018.
For Petitioner: Advocates Afzal B. Khan and Sharad Besoya
For Respondent: Advocates Shreya Malik and Rahul Kumar
Case Title: G.D. Pharmaceuticals Private Limited v M/S Cento Products (2024:DHC:6224)
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