- Case number
- FAO(OS) (COMM) 45/2024
- Court
- Delhi High Court
- Date of judgment
- Judge
- V. Kameswar Rao
- Outcome
- Allowed
Headnote
Appeal allowed and an interim injunction granted restraining use of "Lotus Splash" and other Lotus derivative marks for cosmetics and beauty products. Applying the anti-dissection rule, the dominant feature test, overall similarity and the perspective of the average consumer as explained by the Supreme Court in Pernod Ricard, the Division Bench held that an injunction was warranted at the prima facie stage. It disagreed with the Single Judge that the respondents' use fell within the exception in section 30(2)(a).
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.