Imagine Marketing Private Limited v. Exotic Mile – Delhi High Court [January 21, 2020]
The Court granted an interim injunction restraining the Defendant from passing off the Plaintiff’s mark “BOAT” by using a deceptively similar mark “BOULT” in respect of electronic gadgets. The Court had affirmed the previously granted interim injunction in favour of the Plaintiff, and observed that the Defendant was aware of the Plaintiff’s mark at the time of adoption of its mark “BOULT”. Moreover, the Court noted that there is phonetic similarity between the marks, considering that the first two and last alphabet of the two words being the same. The Court further observed that the defendant has also adopted the tagline i.e. “UNPLUG YOURSELF” which is deceptively similar to the plaintiff’s tagline “PLUG INTO NIRVANA”. The defendant is also copying the names of the plaintiff’s product for instance, defendant’s product named as “Boult Bass Bud” is deceptively similar to that of plaintiff’s product “boAt Bass Heads”. Consequently the applications are disposed of and an interim injunction in respect of infringement of the plaintiff’s registered trademark passing off in respect of plaintiff’s registered trademarks, infringement of the copyright of the plaintiff’s marks, dilution of the mark is granted in favour of the plaintiff and against the defendants and the defendants, their agents are restrained from using the marks “UNPLUG YOURSELF” till the disposal of the suit.