The High Court of Delhi, on August 7, 2024 delivered a judgment in the case of G.D. Pharmaceuticals Private Limited (plaintiff) versus M/S Cento Products (India) (defendant), case number CS(COMM) 53/2019 & I.A. 2215/2021. The plaintiff, established in 1929, is a manufacturer and seller of medicinal and cosmetic preparations, with a focus on OTC pharmaceuticals and health care cosmetics. They are the proprietors of the trademark "BOROLINE," registered since 1929 for antiseptic ointments and creams, and have used distinctive dark green and white packaging for nearly 90 years.
The trademark 'BOROLINE' has been in use since 1929, which means it has been used for nearly 90 years at the time the document was written. The distinctive features of the trademark 'BOROLINE' include, A distinctive dark green and white packaging that has been used for the last 90 years.The product is sold in the form of tubes and plastic pots.
The entire packaging of the products is of a distinctive dark green color.
The trademark 'BOROLINE' is presented in a stylized, white colored font, in block capital letters across the middle of the packaging.
The registered mark appears on the right-hand corner of the packaging.
The trademark is associated with a distinct dark green tube ending in an octagonal black cap, which has come to be recognized with the plaintiff's product.
The suit was filed seeking a permanent injunction against the defendant for trademark and copyright infringement, passing off, and unfair competition, among other reliefs. The plaintiff alleged that the defendant's product, marketed under the name "BOROBEAUTY," had a deceptively similar trade dress and packaging to their "BOROLINE" products. Despite the defendant's offers to change their trade dress and name during the pendency of the suit, the plaintiff pressed for a declaration of "BOROLINE" as a well-known mark.
The court, after considering the extensive use, popularity, and recognition of the "BOROLINE" trademark, declared it a well-known mark under the Trade Marks Act, 1999. The court noted the trademark's long history, its recognition as a Superbrand, and its extensive sales and advertising. The defendant was directed to change its trade dress and trademark to be distinct from the plaintiff's, refraining from using the prefix "BORO" and the dark green color associated with "BOROLINE."
The court granted a permanent injunction in favor of the plaintiff, restraining the defendant from using any mark or trade dress that could be confused with "BOROLINE." The defendant was also ordered to pay costs of ₹2,00,000 to the plaintiff within eight weeks. The suit and pending applications were disposed of, with the decree sheet to be drawn up accordingly.
Case Citation: GD Pharmaceuticals Vs Cento Products:07.08.2024 : CS(COMM) 53/2019 : 2024:DHC:6224: Delhi High Court: Mini Pushkarna: H.J
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Ph no: 9990389539
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