Bombay High Court Bars Chandigarh Firm From Using Bunge India's 'LOTUS' Mark For Edible Oils

The Bombay High Court has permanently restrained Chandigarh-based Lotus Refinery Pvt. Ltd. and its associate entities from using the mark “LOTUS” or any deceptively similar mark for edible oils.

The court held that that the adoption of an identical mark for identical goods amounted to trademark infringement and passing off of Bunge India Pvt. Ltd.'s long-standing registered trademark.

In a judgment dated December 18, 2025, Justice Arif S Doctor held that Bunge India is the registered proprietor of the “LOTUS” trademark for edible oils and that the rival company's use of the same mark was dishonest. The court found that the conduct of Lotus Refinery showed a clear intent to ride on the goodwill associated with Bunge India's brand.

It observed that the marks used by Lotus Refinery were visually, phonetically and structurally identical to Bunge India's registered word and label marks and were used for identical goods falling in the same class.

Applying Section 29(2)(c) of the Trade Marks Act, which provides that the use of an identical mark for identical goods constitutes infringement, the court held that a clear case of trademark infringement was made out.

The court also held that Bunge India had established a case of passing off. It noted the company's uninterrupted use of the “LOTUS” mark since 1947 and the absence of any credible defense from the defendants. It found that the failure of Lotus Refinery to conduct a trademark search before adopting the identical mark pointed to dishonest adoption.

“In the facts of the present case and given the conduct of the Defendants, the adoption of the impugned trade mark clearly appears to be wilful and deliberate so as to misrepresent to the public that the goods of the Defendant originate from the Plaintiff and thereby ride upon the Plaintiff's goodwill,” the court said.

Bunge India told the Court that the “LOTUS” trademark was originally registered in 1947 by Hindustan Lever Limited and was assigned to it in 2003 along with the edible oil business. It stated that the registrations, covering both word and label marks featuring a lotus device, remain valid until 2034 and that the mark has acquired substantial goodwill over decades of continuous use.

The dispute arose in April 2012, when Bunge India came across hoardings advertising edible oils under the “LOTUS” name. It later discovered that Lotus Refinery had applied to register “LOTUS Refineries” along with a lotus device for edible oils, claiming use from 2010.

The court found that no evidence was led by Lotus Refinery to establish any lawful or prior use of the mark. Even if the claimed user date was accepted, the Court held that such use was subsequent to Bunge India's registration and long-standing use and could not confer any rights.

The court also took note of the fact that Lotus Refinery failed to contest the suit despite service, did not cross-examine Bunge India's witness, and allowed its evidence to be closed. This conduct, the Court held, reinforced the finding of dishonest adoption.

Accordingly, the court permanently restrained Lotus Refinery and its associates from using the “LOTUS” mark, the trade name “LOTUS Refineries,” or any domain name incorporating the mark in relation to edible oils. It also directed each restrained company to pay costs of Rs 5 lakh to Bunge India

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