NEW DELHI: In a relief to Bollywood actor Deepika Padukone's cosmetics brand DPKA Universal Consumer Ventures Pvt Ltd (DPKA), the Delhi High Court has rejected a plea by Lotus Herbals Private Limited (Lotus Herbals) against the company’s use of the mark 'Lotus Splash' for its face cleanser.
Noting that the only commonality between Lotus Herbals' and DPKA’s mark is the word “lotus”, the Court held that no prima facie case of passing off exists in the matter.
The matter was decided by a single-judge bench of Justice C Hari Shankar.
The Court also found merit in DPKA’s argument that the mark “Lotus Splash” is “obviously used to indicate that the product contains lotus extract as its key ingredients.”
It therefore found substance in DPKA’s contention that they would be entitled to the protection of Section 30(2)(a) of the Trademarks Act.
Section 30(2)(a) of provides that:
A registered trade mark is not infringed where— (a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or services.
Hence, on the basis of Section 30(2)(a) the bench decided that DPKA’s use of the mark “Lotus Splash” cannot be regarded as infringing in nature.
The bench also highlighted the dissimilarity in appearance and significant price differences between the products and reasoned that both the products were easily distinguishable.
Thus, the Court held that there is no attempt by Deepika Padukone’s DPKA brand to pass off “Lotus Splash” as a product of Lotus Herbal’s range of cosmetics.
While Lotus Herbals asserted that all its products are sold under the Lotus mark and the same has become indelibly associated with their brand for more than 31 years, the Court was not inclined to accept the argument.
Primarily, Krishnan established the bona fides of the use of the mark by DPKA and emphasized that they also consistently use the 82°E mark on all cosmetic products, thereby distinguishing their products from Lotus Herbals'.
Lotus Herbal was represented by Sr. Adv. Akhil Sibal, whereas DPKA was represented by Sr. Adv. Dayan Krishnan who defended the use of the “lotus” mark by DPKA’s cosmetics brand.
Cause Title: Lotus Herbals Private Limited v DPKA Universal Consumer Ventures Private Limited & Ors.
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