LOTUS HERBALS PRIVATE LIMITED vs DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Del) 2977

IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. V. KAMESWAR RAO, MR. VINOD KUMAR, JJ
LOTUS HERBALS PRIVATE LIMITED – Appellant
Versus
DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED – Respondent

Advocates:
For the Appellants/Petitioners:Mr. Chander M. Lall, Senior Advocate, Mr. Vaibhav Vutts, Ms. Aamna Hasan, Ms. Aarya Deshmukh, Ms. Vaibhavi SG, Ms. Annanya Mehan
For the Respondents:Mr. Dayan Krishnan, Senior Advocate, Mr. Pravin Anand, Mr. Ameet Naik, Mr. Dhruv Anand, Ms. Madhu Chaudhary, Ms. Udita Patra, Mr. Sanjeevi Seshadri, Ms. Nimrat Singh, Mr. Dhananjay Khanna, Ms. Bhavya Verma

Table of Content
1. appellant seeks injunction against trademark infringement (Para 5 , 6 , 11)
2. appellant owns 'lotus' trademark and its various versions (Para 8 , 9 , 10)
3. court's analysis on likelihood of confusion (Para 12 , 14 , 31)
4. court decides on application of exemptions under section 30(2)(a) (Para 33 , 39 , 41)
5. injunction granted against the respondents (Para 63 , 64 , 65)

JUDGMENT

V. KAMESWAR RAO, J.

CM APPL. 25782/2024(condonation of delay in filing reply to the present appeal)

1. For the reasons stated in the application, the delay of 35 days in filing reply of the respondents in compliance of order dated 12.03.2024, is condoned.

2. The application is disposed of.

CM APPL. 25783/2024

3. For the reasons stated in the application, we allow this application and treat their reply to the appeal as their counter affidavit which was directed vide order dated 12.03.2024.

4. The application is allowed and disposed of.

FAO(OS) (COMM) 45/2024 CM APPL. 14991/2024

5. This appeal has been filed with the following prayers:-

“a) Set aside the impugned order dated 25.01.2024 and that during the pendency of the suit the Hon'ble Court may be pleased to pass the order restraining the defendant

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2026 Supreme(Online)(Del) 2977

IN THE HIGH COURT OF DELHI AT NEW DELHIMR. V. KAMESWAR RAO, MR. VINOD KUMAR, JJLOTUS HERBALS PRIVATE LIMITED – AppellantVersusDPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED – Respondent

Cases Referred (1)

IN THE HIGH COURT OF DELHI AT NEW DELHI
MR. V. KAMESWAR RAO, MR. VINOD KUMAR, JJ
LOTUS HERBALS PRIVATE LIMITED – Appellant
Versus
DPKA UNIVERSAL CONSUMER VENTURES PRIVATE LIMITED – Respondent