As per case facts, Lotus Herbals, owner of the registered mark "Lotus" with extensive goodwill, sought an injunction against DPKA Universal for using "Lotus Splash" for its face cleanser. The ... Single Judge denied a temporary injunction, deeming "Lotus Splash" descriptive and protected under Sections 30(2)(a) and 35 of the Trade Marks Act. The appellant contested this, arguing infringement. The question arose whether respondents could claim the descriptive use defence under Sections 30(2)(a) and 35, given the prior registration and potential for confusion. Finally, the Supreme Court found "Lotus Splash" was used as a sub-mark, not merely descriptive, and therefore the defence under Section 30(2)(a) was not applicable. The Court established a prima facie case for infringement and granted a temporary injunction against DPKA Universal using "Lotus Splash" or similar marks.