Deepika Padukone vs Lotus Herbals: In a twist that sounds straight out of a glossy industry gossip column, a skincare name has sparked a serious legal clash. The result? A sharp interim order from the High Court that has put a temporary full stop on a much-talked-about product name.
The glamour of celebrity skincare hit a legal snag when the Delhi High Court passed an interim order on Monday restraining actor Deepika Padukone’s company, DPKA Universal Consumer Ventures Limited, from using the mark “Lotus Splash” for its facewash or face cleanser products.
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The order came in a trademark dispute filed by Lotus Herbals Private Limited, a long-standing player in India’s beauty market. The company challenged the use of “Lotus Splash” by Padukone’s self-care brand 82°E which currently sells a face cleanser with that name.
In short: a lotus-themed name has triggered a full-blown legal battle between a legacy beauty brand and a celebrity-led skincare label.
Division bench overrules earlier relief refusal
The case took dramatic turn when Division Bench comprising Justices V Kameswar Rao and Vinod Kumar stepped in and disagreed with an earlier order passed by single judge on January 25, 2024.
Back then, the single judge had refused to grant injunction against Padukone’s company. The reasoning was simple: the facewash uses lotus extract as a main ingredient, so the word “Lotus” was descriptive of the product’s contents.
The judge also observed that such usage could be protected under Section 30(2)(a) of the Trade Marks Act, which allows descriptive use of a term to indicate characteristics of goods.
But the Division Bench was not convinced. It held that, prima facie, the mark “Lotus Splash” appears similar to the registered “Lotus” trademark of Lotus Herbals. With that finding, the earlier refusal of interim relief overturned.
What the court has now ordered
The bench granted a temporary injunction and it is quite sweeping.
The court restrained DPKA Universal Consumer Ventures and all associated persons including directors, dealers, distributors, agents and employees from manufacturing, selling, importing, exporting, offering for sale or advertising any cosmetics, beauty or hygiene products under the mark “Lotus Splash” or any derivative mark using “Lotus”.
This restriction will continue until the final disposal of the suit.
In simple terms, the disputed name cannot be in use for now, at least until the court gives a final decision.
Why Lotus Herbals went to court
Lotus Herbals argued that it has been using the mark “Lotus” since 1993 and now has a massive portfolio of more than 1,000 skincare, beauty and haircare products sold under this house mark.
According to the company, the use of “Lotus Splash” by Padukone’s venture amounts to trademark infringement. They claimed that customers could easily assume a connection between the two brands or believe that the celebrity product has link to their long-established label.
Their concern was not just about a similar word, but about market confusion and dilution of a brand built over decades.
What Deepika’s company argued
DPKA Universal did not stay silent. The company argued that it is entitled to protection under Sections 30(2)(a) and 35 of the Trade Marks Act, 1999.
Their key point: lotus is a principal ingredient of the facewash. So the name “Lotus Splash” simply indicates what the product contains.
They also said that their products are clearly distinguishable from those of Lotus Herbals. Differences in pricing, packaging style, overall get-up and sales channels came under highlight to show that they can’t mislead customers.
In other words, the defence leaned heavily on the idea that the name is descriptive, not deceptive.