Relief for Boroline, Rs 2 lakh fine for Borobeauty in ‘trade-dress’ case
The Delhi HC ruled in favour of the plaintiff G D Pharmaceuticals, who accused Cento Products of selling a “deceptively similar” product Borobeauty
In a major relief to G D Pharmaceuticals’ antiseptic Boroline, the Delhi High Court has declared the cream a “well-known trademark” under the Trade Marks Act, and directed Cento Products’ brand Borobeauty to change its “trade dress.”
The HC ruled in favour of the plaintiff G D Pharmaceuticals, who accused Cento Products of selling a “deceptively similar” product Borobeauty.
In its lawsuit, it argued that Cento Products adopted Borolin’s “trade dress,” which includes its dark green tube and octagonal black cap for Borobeauty. The plaintiff argued that it was a violation of intellectual property law and pushed against the sale and manufacture of the dupe product.
The court in its directive stated that the Boroline trademark has popularity and good will, recognized not only in India but also in countries like Oman and Turkey.
It restrained the manufacture and sale of Borobeauty and directed the company to change is trade dress, which resembles Boroline’s. Justice Mini Pushkarna also reportedly asked the defendant to adopt a new trade name without the misleading prefix “Boro.”
Makers of Borobeauty has also been asked to pay Rs 2 lakh to the plaintiff.
Restraining the manufacture and sale of 'Borobeauty' in its infringing form, the court directed the defendant to change its "trade dress" and trademark to something which is "totally distinct and different from the plaintiff's well-known trademark and "trade dress".
It also directed the defendant to pay a cost of Rs 2 lakh to the plaintiff.
