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 sub- stantial 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 con-sumers in a retail setting.
Lotus Herbals had sought a permanent injunction against Deepika 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’ applica- tion 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 pre- dominant use of ‘Lotus’ in both names.
“Inasmuch as the mark ‘Lotus Splash’ is indicative of the characteris- tics 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,” conclud- ed the court.