Justice C Harishankar said that the products are completely different in appearance and there is a huge difference in prices and no case of passing off was made out as the only common feature between the two marks is the word ‘Lotus’.
दीपिका के सेल्फ केयर ब्रांड के खिलाफ ट्रेडमार्क उल्लंघन मामले में दिल्ली HC का ‘लोटस’ पर अंतरिम रोक से इनकार
Delhi High Court has refused to pass an interim injunction in favor of ‘Lotus Herbals’ in a trademark infringement case against Bollywood actress Deepika Padukone’s self-care brand ’82°E’, specifically for the product ‘Lotus Splash’ Soumya. Related to face cleanser.
Justice C. Harishankar said the products demonstrated significant disparities in attendance coupled with substantial variations in price, and found no basis for the case to be passed.
The court said that the only common element between the two brands was the word ‘Lotus’. The court said that the consumer would have been aware of the difference between ‘Lotus Splash’ and the plaintiff’s Lotus family of products. It cannot be said that the defendants are trying to pass off their products as those of the plaintiff.
The court held that ‘Lotus Splash’ was indicative of characteristics of the goods and, therefore, the use of the mark was not considered infringing.
Additionally, it noted the presence of the ’82°E’ brand name on the bottom edge of the defendants’ product bottles, which would be obvious to consumers in a retail setting. Lotus Herbals had sought to pass a permanent injunction against DPKA Universal Consumer Ventures Pvt Ltd, the owner of 82°E, to stop the use of ‘Lotus’ as part of the mark for its products.
Dismissing Lotus Herbals’ application for interim injunction, the court noted that at the prima facie stage a consumer would not possibly be able to associate the product ‘Lotus Herbals’ with ‘Lotus Splash’ because of the prominent use of ‘Lotus’ in both the names. It happens.
Since the ‘Lotus Splash’ mark is indicative of the characteristics of the goods, the use of the mark cannot be held to be infringing in nature.
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