Delhi HC refuses interim injunction to 'Lotus' in trademark infringement case against Deepika Paduko


New Delhi, Jan 27 (IANS): The Delhi High Court has refused to grant interim injunction in favour of 'Lotus Herbals' in its trademark infringement case against Bollywood actress Deepika Padukone's self-care brand, '82°E', specifically relating to the product 'Lotus Splash' gentle face cleanser.

Justice C. Hari Shankar stated that the products exhibited significant dissimilarities in appearance, with substantial price variations, and found no grounds for a passing-off case.

The court said the only common element between the two brands was the word "lotus".

The court said the consumer would be aware of the difference between 'Lotus Splash' and the plaintiff's Lotus family of products.

"It cannot be said that the defendants are seeking to pass off their product as the plaintiff's product," it said.

The court noted that 'Lotus Splash' was indicative of the characteristics of the goods and, therefore, the use of the mark was not considered infringing.

Moreover, it noted the presence of the '82°E' brand name on the lower edge of the defendants' product bottles, which would be evident to consumers in a retail setting.

Lotus Herbals had sought a permanent injunction against Dpka Universal Consumer Ventures Private Limited, the owner of 82°E, to prevent the use of 'Lotus' as part of the mark for their product.

Dismissing Lotus Herbals' application for an interim injunction, the court explained that at a prima facie stage, a consumer would not likely associate the 'Lotus Herbals' product with 'Lotus Splash', given the predominant use of 'Lotus' in both names.

"Inasmuch as the mark 'Lotus Splash' is indicative of the characteristics of the goods, the use of the mark cannot be regarded as infringing in nature. If there is no infringement, there can be no injunction," concluded the court.

 

  

Top Stories


Leave a Comment

Title: Delhi HC refuses interim injunction to 'Lotus' in trademark infringement case against Deepika Paduko



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.