Lotus Herbals Private Limited v. Yavi Cosmetics Private Limited
Case brief
What is this about?
Trade mark infringement; copyright infringement; passing off; permanent injunction; 'LOTUS' v. 'WHITE LOTUS' cosmetic facial kits; consent decree on Defendant No. 1's undertaking to cease use of the mark; abandonment of damages claim; destruction of infringing products in Defendant's possession; refund of 100% court fees; Section 16 Court Fees Act 1870; settlement at initial stage; enforcement rider liable to pay entire court fees; Lotus Herbals Private Limited v. Yavi Cosmetics Private Limited; CS(COMM) 888/2024; Delhi High Court; Justice Tejas Karia; order dated 22.09.2025.
What did the court decide?
Decree against Defendant No. 1 in terms of Prayer Clause (A) (permanent injunction restraining infringement of the 'LOTUS' Trade Mark, Copyright and passing off); immediate destruction of any products bearing the 'LOTUS' mark or identical/deceptively similar marks found in Defendant No. 1's possession; certificate of refund of 100% of the Court Fees under Section 16 of the Court Fees Act, 1870; Plaintiff's damages claim abandoned; Decree Sheet to be drawn up.