Lotus Herbals vs Lotus Splash: HC refuses interim order to restrain Deepika Padukone’s firm from using face wash name

Lotus Splash is sold in the market as well as online through the website http://www.82e.com, which is a brand owned by the actress.

A single-judge bench of Justice C Hari Shankar in its January 25 interim order observed that the name ‘Lotus Splash’ is indicative of the characteristics of the face wash for which it is used and hence the use of the mark cannot be considered as infringing in nature.

“Given the manner in which the defendants advertise the impugned product, it cannot be denied that lotus extract is its essential – in fact, the prime – constituent. The use of ‘Lotus’, in ‘Lotus Splash’ is obviously to indicate this fact. Neither is it coincidence nor is it an attempt to confuse the consumers with the plaintiff’s product…The use of ‘lotus’ is a key factor in rendering the entire mark ‘Lotus Splash’ indicative of the characteristics of the defendants’ face wash, containing, as its key ingredient, lotus flower extract,” the high court underscored.

The high court further said that products sold by the plaintiffs and the defendants are “completely dissimilar in appearance” with a wide difference in the prices.

Observing that no prima facie case had been made out by the plaintiff for granting an injunction against Padukone and her firm, the high court dismissed the interim plea.