New Delhi: In a landmark decision, the Delhi High Court has granted Boroline, the iconic antiseptic cream, “well-known trademark” status. This recognition underscores the brand’s deep-rooted presence in Indian households and its distinctive identity.
The court’s ruling came in response to a lawsuit filed by G D Pharmaceuticals, the owner of Boroline, against Cento Products for selling a similar product named ‘Borobeauty.’ The plaintiff argued that Cento had infringed upon Boroline’s iconic trade dress, specifically its dark green tube with an octagonal black cap.
In its judgment, the court found that Cento’s ‘Borobeauty’ product was “deceptively similar” to Boroline and had the potential to confuse consumers. The court noted that Boroline’s distinctive packaging had become synonymous with the brand and had acquired a significant reputation in the market.
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The court ordered Cento to immediately cease the manufacture and sale of ‘Borobeauty’ in its current form. Furthermore, the defendant was instructed to modify its trade dress and trademark to ensure that they are “completely distinct and different” from Boroline’s well-known trademark and trade dress.
The court’s decision is a major victory for Boroline and a significant setback for companies that attempt to capitalize on established brands. It sends a clear message that the Indian judiciary is committed to protecting intellectual property rights and preventing consumer confusion.
