Delhi HC bars Deepika Padukone's company from using Lotus trademark
What's the story
The Delhi High Court has barred actor Deepika Padukone's company, DPKA Universal Consumer Ventures, from using the "Lotus Splash" mark for its face wash and facial cleanser products. The order comes in a trademark infringement case filed by Lotus Herbals Private Limited. A division bench of Justices Vinod Kumar and V Kameswar Rao found a prima facie case of trademark infringement, ruling that the Lotus Splash mark was similar to Lotus Herbals's lotus mark.
Legal proceedings
HC issues interim order
The court issued an interim order on Monday, barring DPKA from using the "Lotus Splash" mark for its facewash/face cleanser product. The bench set aside a single-judge order dated January 25, 2024, which had refused to grant Padukone an injunction. The single judge had observed that lotus extract was the primary ingredient in the "Lotus Splash" face wash and that the use of the word "Lotus" in the product's name merely reflected this fact.
Legal dispute
Lotus Herbals argued public confusion likely
Lotus Herbals argued that the use of 'Lotus Splash' for DPKA's product infringed on their 'Lotus' trademark. They claimed this would lead to public confusion/make consumers believe there was an official association between the two brands. In response, DPKA said they were entitled to benefits under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999. They argued that since lotus is a key ingredient in their 'Lotus Splash' cleanser, the name was a factual description of its components.
Brand defense
DPKA claimed factual description of components
DPKA also contended that there was no likelihood of confusion, citing clear differences in pricing, packaging, and retail channels between its products and those of Lotus Herbals. After the single judge initially refused to grant an interim injunction, Lotus Herbals challenged that decision before the division bench. The court has now issued an interim injunction restraining DPKA Universal Consumer Ventures from using the "Lotus Splash" mark until the suit is finally decided.