Delhi HC rejects Lotus Herbals’ interim injunction against 82°E

the Delhi High Court has ruled to reject an injunction petition filed by beauty and personal care brand Lotus Herbals against Bollywood celebrity Deepika Padukone’s skincare brand 82°E due to its ‘Lotus Splash‘Face wash product.

lotus herbs Private Limited approached the Delhi High Court to accuse 82°E of passing off its brand name by naming a facial cleansing product Lotus Splash, the Times of India reported. However, high court judge Justice C Hari Shankar ruled in favor of 82°E and said there was no prima facie case of encroachment, meaning 82°E is not trying to make buyers think You are purchasing a Lotus Herbals product by your choice of name.

the judge highlighted the fact that Lotus Herbals and 82°E have different prices, with 82°E being significantly more expensive. the court also ruled that the two brands’ products are sufficiently different in appearance to allow customers to easily see which label is which.

the plaintiff Lotus Herbals argued that all its products are retailed under its brand ‘Lotus’ and that consumers have associated the word ‘lotus’ with the brand since 1993. Therefore, its chief advocate Akhil Sibal, ‘Lotus’ claimed Splash’ is an infringement of the trademark of ‘lotus’, reported ET Bureau.

82°E’s legal representative, Dayan Krishnan, responded that 82°E displays its brand on all products and there is no lack of good faith. Following the ruling, 82°E can continue to sell its facial cleanser at retail.