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Delhi HC rules in favour of Deepika Padukone’s 82E; allows usage of Lotus Splash mark
The HC refused to prohibit the company from using the ‘Lotus Splash’ (face cleanser) mark, and dismissed the interim injunction plea moved by another beauty brand Lotus Herbals.
In an order passed on January 25, the bench of Justice C Hari Shankar highlighted that the only common feature between the plaintiff’s and defendant’s mark was the word ‘Lotus’, stated a media report. (Image source: 82E website)
On January 27, the Delhi High Court ruled in favour of 82E, a self-care brand started by Bollywood actor Deepika Padukone and venture capitalist turned co-founder Jigar Shah.
The HC refused to prohibit the company from using the ‘Lotus Splash’ (face cleanser) mark, and dismissed the interim injunction plea moved by another beauty brand Lotus Herbals.
In an order passed on January 25, the bench of Justice C Hari Shankar highlighted that the only common feature between the plaintiff’s and defendant’s mark was the word ‘Lotus’, stated a media report.
It was further stated that the products are dissimilar in appearance and there was a wide difference in the price range too.
The plaintiff, Lotus Herbals, claimed that all of its products were sold under the trademark ‘Lotus’ since 1993. However, while passing the order, the Delhi High Court noted that the use of the mark ‘Lotus Splash’ did not amount to infringement and it highlighted the characteristic of the product, which contained key ingredient - lotus flower extract.
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