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 \u201cBOULT\u201d, certain logos, the tagline \u201cUNPLUG YOURSELF\u201d, and the product name \u201cBoult Bass Buds\u201d, which IMPL alleged were deceptively similar to its own registered marks and trade identity.<\/p>\n
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.<\/p>\n
\u2022 EM\u2019s use of \u201cBOULT\u201d and associated logos infringed IMPL\u2019s registered trademarks.
\n\u2022 The tagline \u201cUNPLUG YOURSELF\u201d was similar to IMPL\u2019s tagline \u201cPLUG INTO NIRVANA\u201d.
\n\u2022 EM\u2019s product name \u201cBoult Bass Buds\u201d was deceptively similar to \u201cboAt Bass Heads\u201d.
\n\u2022 EM adopted similar packaging and visual identity to cause confusion among consumers.<\/p>\n
\u2022 No relief was sought against the tagline \u201cUNPLUG YOURSELF\u201d; hence, no injunction could be granted.
\n\u2022 \u201cBOULT\u201d was a coined term and not phonetically or visually similar to \u201cBOAT\u201d.
\n\u2022 The Single Judge relied on issues not pleaded, including trade dress and product naming.
\n\u2022 The mark \u201cGOBOULT\u201d was not part of the suit and could not be restrained under the impugned order.<\/p>\n
The court stated that IMPL did not seek any relief against the tagline \u201cUNPLUG YOURSELF\u201d, 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.<\/p>\n
The court upheld the injunction granted against specific logos used by EM. It held that these marks were deceptively similar to IMPL\u2019s registered trademarks. The Court stated that the injunction has to be confined to the marks that were the subject of the pleadings and prayer.<\/p>\n
The court clarified that the mark \u201cGOBOULT\u201d 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.
\nTrade Dress and Product Names<\/p>\n
The court noted that the Single Judge relied on trade dress, colour scheme, and the product name \u201cBoult Bass Buds\u201d 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.<\/p>\n
Exotic Mile vs Imagine Marketing Pvt Ltd, FAO(OS)(COMM) 20\/2020, Delhi High Court, decided on 15 September 2025.<\/p>\n