In fact, Delhi High Court has accorded ‘Boroline’ the status of a “well-known trademark” within the meaning of the Trade Marks Act and directed a company to change its “trade dress” so that it does not have any resemblance with the antiseptic cream which has attained the “household name” in the country, reports Zee Business.
The recent court order came in a suit by Boroline maker G D Pharmaceuticals against Cento Products India for marketing a “deceptively similar” product under the name ‘Borobeauty’.He contended that what is deposed shows that the get-up or the trade dress for which plaintiffs are said to have acquired intellectual property had been copied by the accused, more particularly, the “dark green tube with octagonal black cap”.
Hence the court ordered to stop the production and selling of ‘Borobeauty’ in the present form and ordered the defendant to make changes in its “trade dress” and trademark so as to have such “modified trade dress” and trademark to be “absolutely dissimilar and distinctly different” from plaintiff’s widely known trade mark 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.
