The Delhi High Court has rejected a request to stop Bollywood actor Deepika Padukone‘s company DPKA Universal Consumer Ventures from using the name ‘Lotus Splash’ for a facewash or face cleanser. This plea came from Lotus Herbal Private Limited, which had earlier filed a lawsuit against Deepika Padukone’s company for using the ‘Lotus Splash’ mark for their cosmetic product.
The court pointed out that ‘Lotus Splash’ described the characteristics of the goods, and therefore, its use wasn’t considered infringing. Additionally, the presence of the ’82°E’ brand name on the defendants’ product bottles was noted, which would be visible to consumers in a retail setting.
The Plea by Lotus Herbals
Lotus Herbal Pvt Ltd, the company that makes skin, beauty, and hair care products, said that all their products are sold under the name or symbol LOTUS. They have been using the LOTUS mark since 1993. The company claims that the public now strongly connects the LOTUS marks with their brand and no one else. These marks have become a clear way for people to identify and recognize their products.
Lotus Herbals had sought a permanent injunction against DPKA Universal Consumer Ventures to prevent the use of ‘Lotus’ as part of the mark for their product.
However, the court dismissed this application for an interim injunction. It explained that at an initial stage, consumers were not likely to associate the ‘Lotus Herbals’ product with ‘Lotus Splash,’ as both names prominently featured the word ‘Lotus.’
The Verdict
The court, on the 25th of January, ruled that since ‘Lotus Splash’ described the product’s characteristics, its use could not be considered infringing. Without infringement, there could be no grounds for an injunction. This decision highlighted the importance of considering the overall context, appearance, and consumer perception when assessing claims of trademark infringement.
Justice C Hari Shankar mentioned that there were significant differences in the appearance of the products, including substantial differences in pricing. The court found no basis for a passing-off case. It emphasized that the only common element between the two brands was the word “lotus.” The court believed that consumers could distinguish between Lotus Splash’s and Lotus Herbal’s products, and there was no intention to mislead consumers.
Also Read Monkey Man’s Trailer Out! Dev Patel’s Directorial Debut in Hollywood