Mumbai, Feb 17 : The Deepika Padukone Lotus trademark dispute took a decisive turn after the Delhi High Court restrained the actor’s company, DPKA Universal Consumer Ventures Limited, from using the mark “Lotus Splash” for its facewash and cleanser products.
The interim order was passed in a case filed by Lotus Herbals, which challenged the use of the mark by Padukone’s self-care brand 82°E. The company argued that the term “Lotus” forms a core part of its long standing registered trademark and that the new product name could create consumer confusion.
A Division Bench comprising Justices V Kameswar Rao and Vinod Kumar overturned an earlier single-judge order dated January 25, 2024, which had declined to grant interim relief. The single judge had observed that “Lotus” could be treated as descriptive since lotus extract is a key ingredient in the facewash, potentially attracting protection under Section 30(2)(a) of the Trade Marks Act.
However, the Division Bench held that, prima facie, “Lotus Splash” appears similar to the registered “Lotus” mark and granted a temporary injunction. The order restrains DPKA Universal and its associated entities from manufacturing, selling, advertising or dealing in cosmetic or hygiene products under the disputed name or any derivative using “Lotus” until final adjudication of the suit.
Arguments from Both Sides
Deepika Padukone’s company contended that the word “lotus” describes the primary ingredient in the cleanser and therefore constitutes permissible descriptive use under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999. It also argued that differences in branding, packaging, pricing and market positioning distinguish its products from those of Lotus Herbals.
The plaintiff, on the other hand, maintained that it has used the “Lotus” mark since 1993 across a wide portfolio of skincare and beauty products. It asserted that the similarity in naming could dilute its brand identity and mislead consumers into assuming a business connection.
The interim relief will remain in force until the court delivers its final decision in the matter.