Delhi HC grants Boroline 'well-known trademark' status, bans imitation of iconic trade dress

The court ruled in favor of G D Pharmaceuticals, the owner of Boroline antiseptic cream, in a lawsuit against Cento Products for selling the similar 'Borobeauty.'

The Delhi High Court has recognised 'Boroline' as a "well-known trademark" according to the Trade Marks Act and has ordered a company to alter its "trade dress" to avoid any resemblance to the antiseptic cream, which has become a "household name" in India, as repoted by Zee Business.

The court ruled in favor of G D Pharmaceuticals Pvt Ltd, the owner of Boroline antiseptic cream, in a lawsuit against Cento Products (India) for selling a "deceptively similar" product named 'Borobeauty.' The plaintiff claimed that Cento copied Boroline's distinctive trade dress, specifically its "dark green tube with an octagonal black cap," violating intellectual property law.

The court ordered a halt to the manufacture and sale of 'Borobeauty' in its current form, instructing the defendant to modify its "trade dress" and trademark to ensure they are "completely distinct and different" from the plaintiff's well-known trademark and "trade dress."

"The defendant is directed to change its trade dress and trademark, which shall be totally distinct and different from the plaintiff'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'," said Justice Mini Pushkarna in the judgement.