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Delhi High Court passed an order on the 25th of January, stating to refuse to prohibit Deepika Padukone’s company from using the Lotus Splash mark for their product. The complaint was filed against the actress’s company by Lotus Herbal Private Limited venture.
Lotus Herbal lodged a case against DPKA Universal Consumer Ventures for using a ‘Lotus Splash’ mark for their face wash or face cleanser.
Justice C Hari Shankar released in a statement that the products of both companies had significant differences. Ranging from price and appearance, they showed vital dissimilarity. It doesn’t indicate a rational reason for filing a case.
The court stated that Deepika’s company didn’t intend to impersonate their products as the plaintiff’s goods. The only similarity between both the products was the word Lotus. Any consumer would be aware of Lotus Splash as a particular speciality of the product and not as a brand name.
Also, Deepika’s cosmetic company’s name ’82°E’ is visible on the lower side of the bottle, which shouldn’t cause a case of copyright infringement. It is apparent through the appearance of the product and which parent company it belongs to.
Lotus Herbal sued Deepika’s company DPKA Universal Consumer Ventures for using the mark Lotus for their products. At the primary stage, a consumer wouldn’t associate Lotus Splash with Lotus Herbals products, given that both the goods have Lotus marks on them.
The court dismissed the case by stating that, the use of a particular mark which is directed towards a specific characteristic of a product cannot be infringing. If there is no infringement, there is no injunction.
