Established in 2015, BoAt is an India-based company, that designs and markets earphone, headphones stereos and a variety of mobile phone accessories.
Imagine Marketing Services Private Limited (hereinafter referred to as ‘Imagine’) which does business as BoAt, is the registered owner of the trademarks “BOAT” bearing application number 2828749 as well as rights in the logo “BOAT”.
Imagine approached the Delhi High Court and filed a suit against M/s. GREEN ACCESSORIES located in Karol Bagh, Delhi and 6 other defendants for infringing their registered marks as well as the trade dress – an area of trademark law that provides for protection against imitation of specific features including packaging or appearance of the product, which hints towards the source of the product.
Source – Judgement
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The Court held that Green Accessories had blatantly infringed the trademark, logos and the trade dress of Imagine’s products ordered all the defendants, distributors, retailers and employees to stop selling, manufacturing and dealing in the counterfeit products.
A total of 22 pieces of counterfeit products resembling “BOAT” were seized from the premises Green Accessories. Meanwhile, 120 products were seized from the other defendants.
Saying this, the Delhi High Court ordered Green Accessories to pay ₹15 lakhs as damages to Imagine for the infringement of their registered trademark “BOAT”.