Summary
In the case of Exotic Mile vs Imagine Marketing Pvt Ltd, the Delhi High Court partly upheld and partly set aside an interim injunction in a trademark suit. The court quashed the injunction against the tagline “UNPLUG YOURSELF” as there was no prayer for it. The injunction against specific logos used by Exotic Mile was upheld. The court also held that Exotic Mile was not barred from using the mark “GOBOULT”.
Trademark Infringement and Passing Off Claims
Imagine Marketing Pvt Ltd (IMPL), the plaintiff, owns the BOAT brand. IMPL filed a suit against Exotic Mile (EM), the defendant, for using the mark “BOULT”, certain logos, the tagline “UNPLUG YOURSELF”, and the product name “Boult Bass Buds”, which IMPL alleged were deceptively similar to its own registered marks and trade identity.
The Single Judge granted an interim injunction in favour of IMPL. EM, the appellant, challenged this order before the Division Bench. IMPL was the respondent in the appeal.
Questions Before the Court
- Whether an injunction could be granted against the use of the tagline “UNPLUG YOURSELF” without a specific prayer?
- Whether the marks and logos used by EM were deceptively similar to those of IMPL?
- Whether findings could be made on trade dress and product naming that were not pleaded in the plaint?
- Whether EM could be restrained from using the mark “GOBOULT” though it was not part of the original proceedings?
Arguments Presented By the Parties
IMPL (Plaintiff / Respondent):
• EM’s use of “BOULT” and associated logos infringed IMPL’s registered trademarks.
• The tagline “UNPLUG YOURSELF” was similar to IMPL’s tagline “PLUG INTO NIRVANA”.
• EM’s product name “Boult Bass Buds” was deceptively similar to “boAt Bass Heads”.
• EM adopted similar packaging and visual identity to cause confusion among consumers.
EM (Defendant / Appellant):
• No relief was sought against the tagline “UNPLUG YOURSELF”; hence, no injunction could be granted.
• “BOULT” was a coined term and not phonetically or visually similar to “BOAT”.
• The Single Judge relied on issues not pleaded, including trade dress and product naming.
• The mark “GOBOULT” was not part of the suit and could not be restrained under the impugned order.
Court’s Analysis
Tagline “UNPLUG YOURSELF”
The court stated that IMPL did not seek any relief against the tagline “UNPLUG YOURSELF”, and the the The Single Judge could not have granted an injunction without a corresponding prayer. The Court therefore set aside the order to that extent.
Marks and Logos
The court upheld the injunction granted against specific logos used by EM. It held that these marks were deceptively similar to IMPL’s registered trademarks. The Court stated that the injunction has to be confined to the marks that were the subject of the pleadings and prayer.
Mark “GOBOULT”
The court clarified that the mark “GOBOULT” was not mentioned in the suit or the impugned order. As there was no existing injunction against its use. The Court stated that IMPL was at liberty to challenge the mark in separate proceedings.
Trade Dress and Product Names
The court noted that the Single Judge relied on trade dress, colour scheme, and the product name “Boult Bass Buds” without any pleadings on these aspects. The court therefore held that findings could not be made on unpleaded issues, and such reliance could not form the basis of injunctive relief.
Findings
- The injunction against the tagline “UNPLUG YOURSELF” was set aside.
- The injunction against specific logos used by EM was upheld.
- There was no restraint on EM from using the mark “GOBOULT”.
- The Court stated that interim relief must be based only on matters specifically pleaded and prayed.
Case Citation
Exotic Mile vs Imagine Marketing Pvt Ltd, FAO(OS)(COMM) 20/2020, Delhi High Court, decided on 15 September 2025.
Indian Kanoon: http://indiankanoon.org/doc/130431669/ (Visited on 20 December 2025)
Disclaimer
This case blog is based on the author’s understanding of the judgment. Understandings and opinions of others may differ. An AI application was used to generate parts of this case blog. Views are personal.