Deepika Padukone’s ‘Lotus Splash’ Stopped by Court – Why Trademark Protection Matters More Than Ever”
In the glamorous world of celebrity entrepreneurship, branding is everything. But even star power cannot override trademark law.
In a recent development, the Delhi High Court granted an interim injunction restraining Deepika Padukone’s skincare brand 82°E from using the name “Lotus Splash” for its face cleanser, in a dispute brought by Lotus Herbals Private Limited, a long-established player in India’s beauty industry.
The order is temporary.
But the business consequences are immediate. And for brand owners, this case is a powerful reminder:
A creative name is not enough. It must be legally defensible.
What Triggered the Dispute?
82°E launched a cleanser under the name “Lotus Splash.”
Lotus Herbals objected, arguing:
- It has used the “Lotus” mark for decades.
- It owns registered trademarks over the term in the cosmetics category.
- Use of “Lotus” on similar products could confuse consumers.
- Prominent placement of “Lotus Splash” on packaging diluted their brand identity.
Initially, a single judge declined to grant an injunction. However, on February 16, 2026, a Division Bench overruled that decision and granted interim relief in favour of Lotus Herbals.
The court observed that:
- “Lotus Splash” appeared prominently on packaging.
- The parent brand “82°E” was less dominant.
- There was a prima facie case of infringement worth judicial protection.
Until the final outcome of the suit, 82°E cannot sell, advertise, or deal in products using the name “Lotus Splash” or any similar variation containing “Lotus.”
An Injunction Is Not Just a Legal Order. It’s a Business Disruption.
For any consumer brand, especially in FMCG and cosmetics, an interim injunction can mean:
- Immediate halt in sales
- Marketplace delistings
- Packaging redesign costs
- Marketing material withdrawal
- Distributor confusion
- Supply chain disruption
- Brand perception damage
- Investor concerns
Even if the case is eventually won, the commercial cost during litigation can be substantial. This is where many founders misunderstand trademark risk.
They assume:
- A commonly used word is “safe.”
- A slight variation is enough.
- A strong parent brand protects them.i
Courts look deeper.
They examine:
- Category overlap
- Visual prominence
- Consumer perception
- Likelihood of confusion
- Strength of prior registrations
And when a longstanding registered mark exists, courts are inclined to preserve status quo.
What Founders & Brand Owners Must Learn From This
This case highlights five critical lessons:
1️⃣ Trademark Search Is Not a Formality
A basic availability check is not enough. Risk analysis must include similar word marks, phonetic similarity, industry overlap, and brand dominance tests.
2️⃣ Prominence Matters
Even if your company name is different, the way a product name is displayed can influence a court’s decision.
3️⃣ Common Words Can Be Legally Strong
A word like “Lotus” may appear descriptive or generic, but long-term use + registration builds enforceable strength.
4️⃣ Brand Expansion Needs Risk Mapping
New SKUs under an umbrella brand must undergo independent trademark risk assessment.
5️⃣ Litigation Is More Expensive Than Prevention
An injunction can cost more than proactive IP strategy.
How Draft n Craft Helps You Avoid a ‘Lotus Splash’ Moment
| Stage | What We Do | Why It Matters to You |
| 1. Risk Identification | Comprehensive Trademark Risk Search – Phonetic similarity checks, class overlap review, market conflict analysis | Prevents surprise objections or infringement claims after launch |
| 2. Strategic Protection | Strategic Filing & Defensive Registration – Multi-class planning, future expansion coverage | Protects not just your current product, but your brand roadmap |
| 3. Visual & Market Assessment | Brand Vulnerability Mapping – Packaging prominence review, digital display analysis, dominance testing | Reduces injunction risk based on how courts assess consumer confusion |
| 4. Ongoing Safeguards | Trademark Monitoring & Watch Services – Continuous surveillance of similar filings | Stops conflicts before they escalate into litigation |
| 5. Dispute Management | Office Action & Litigation Support – Objection handling, opposition drafting, strategic legal coordination | Minimizes disruption and protects commercial continuity |
Explore our Trademark Services:
https://www.draftncraft.com/trademark-services/
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