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

The Delhi High Court ruled to reject a plea for an interim injunction by personal care and beauty brand Lotus Herbals against Bollywood celebrity Deepika Padukone’s skincare brand 82°E due to its ‘Lotus Splash’ face wash product. 

Lotus Herbals Private Limited went to the Delhi High Court to accuse 82°E of passing off its brand by naming a facial cleansing product Lotus Splash, the Times of India reported. However, the high court judge Justice C Hari Shankar ruled in favour of 82°E and said that there existed no prima facie case of passing off, meaning that 82°E is not trying to make shoppers think they are purchasing a Lotus Herbals product by its choice of name. 
 
The judge highlighted the fact that Lotus Herbals and 82°E have different price points, with 82°E bring significantly more expensive. The court also ruled that both brands’ products look different enough in appearance to enable customers to easily see which label is which. 

The plaintiff Lotus Herbals argued that all of its goods retail under its ‘Lotus’ mark and that consumers have associated the word ‘lotus’ with the brand since 1993. Therefore, stated its senior advocate Akhil Sibal, ‘Lotus Splash’ is an infringement on the registered ‘lotus’ mark, ET Bureau reported. 
 
The legal representative for 82°E Dayan Krishnan replied that 82°E displays its brand name on all products and that there is no lack of bona fides. Following the ruling, 82°E can continue to retail its face cleanser.