The Delhi High Court has issued an interim injunction against actor Deepika Padukone’s company, DPKA Universal Consumer Ventures, restraining it from using the mark ‘Lotus Splash’ for its face cleanser
product. The order comes in a trademark infringement dispute initiated by Lotus Herbals Private Limited.
According to court proceedings reported by Bar and Bench, a Division Bench comprising Justices V Kameswar Rao and Vinod Kumar held that a prima facie case existed in favour of Lotus Herbals. The company had argued that the ‘Lotus Splash’ mark used by Deepika’s self-care brand 82°E was deceptively similar to its registered ‘Lotus’ trademark used for cosmetic and beauty products.
The Bench set aside a single-judge order dated January 25, 2024, which had earlier declined to grant an injunction against DPKA Universal Consumer Ventures. Reconsidering the matter, the Division Bench concluded that interim relief was warranted.
In its order, the court stated, “We allow the application [for interim injunction]. We do not agree with the respondent’s [DPKA] case falling under the exception as discussed by the single-judge. We allow the application under Order 39, Rules 1 and 2. We have granted the interim injunction, we have held that there is a prima facie case.”
The court examined whether the use of ‘Lotus Splash’ could fall within the exception provided under Section 30(2)(a) of the Trade Marks Act. The provision states that use of a trademark to describe the kind, quality, quantity, intended purpose, value, geographical origin, time of production, or other characteristics of goods or services does not amount to infringement. However, the Bench was not persuaded by DPKA’s reliance on this defence at the interim stage.
Further details of the court’s reasoning are awaited.
Deepika launched her self-care label 82°E — pronounced Eighty-Two East — in 2022. The brand name references the longitudinal meridian that passes through India and determines the country’s standard time. Through the venture, the actor marked her entry into entrepreneurship, expanding her portfolio beyond cinema and philanthropy.
In addition to running 82°E, Deepika is the founder of The Live Love Laugh Foundation, a non-profit focused on mental health awareness. Her upcoming film project includes King, in which she will star alongside Shah Rukh Khan and Abhishek Bachchan.
