Deepika Padukone’s entrepreneurial journey hit a legal roadblock this week. The Delhi High Court passed an interim order on Monday restraining her company DPKA Universal Consumer Ventures from using the trademark ‘Lotus Splash’ for its face cleanser product, siding with cosmetics giant Lotus Herbals in a trademark infringement dispute.
The Bollywood actor’s self-care brand 82°E had been selling a face cleanser under the name Lotus Splash, which Lotus Herbals claimed was too similar to their established ‘Lotus’ mark. The case has been making rounds in legal circles since the beauty products company filed the lawsuit alleging trademark violation.
Court Overturns Earlier Ruling
A Division Bench comprising Justices V Kameswar Rao and Vinod Kumar delivered the blow to Deepika Padukone’s venture. The bench made a prima facie finding that the Lotus Splash mark indeed bore similarity to Lotus Herbals Private Limited’s existing trademark.
What makes this particularly significant? The Division Bench overruled a previous order from January 25, 2024, where a single judge had refused to grant an injunction against the actor’s company. That earlier decision had seemingly given DPKA Universal Consumer Ventures a temporary reprieve, but the appeal changed everything.
Why Did Lotus Herbals Sue Deepika Padukone?
The crux of the matter lies in brand identity protection. Lotus Herbals, an established player in India’s cosmetics market, argued that Deepika Padukone’s use of ‘Lotus Splash’ for a face cleanser created confusion with their longstanding ‘Lotus’ brand. Both companies operate in the same beauty and personal care space, making the trademark similarity a legitimate concern for consumer confusion.
According to legal news portal Bar and Bench, the court was clear in its assessment. “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,” the Bench stated during proceedings.
The court granted relief under Order 39, Rules 1 and 2 of the Code of Civil Procedure, confirming a prima facie case existed in Lotus Herbals’ favor.
The Legal Exception That Didn’t Work
DPKA Universal Consumer Ventures had attempted to defend the Lotus Splash name by invoking Section 30(2)(a) of the Trade Marks Act. This provision allows trademark use when indicating product characteristics like kind, quality, or intended purpose without constituting infringement.
However, the Division Bench rejected this argument. The protection under Section 30(2)(a) didn’t apply in this scenario, the judges ruled, finding that the similarity went beyond merely descriptive use.
What This Means for 82°E
For Deepika Padukone, who launched 82°E as a premium self-care brand targeting Indian consumers, this interim injunction means immediate rebranding requirements for the face cleanser product. The company will need to halt production, distribution, and marketing of anything carrying the Lotus Splash name until the case reaches final resolution.
The actress has been actively involved in building her business portfolio beyond films, with 82°E being a significant venture in the competitive Indian beauty market. This legal setback could impact the brand’s momentum, especially for a product that may have already gained some market recognition under its current name.
The case continues in Delhi High Court, with the final judgment still pending. For now, Deepika Padukone’s team will need to navigate this trademark challenge while keeping 82°E’s other products on track.
