Hindustan Unilever (HUL) was granted interim relief by the Bombay High Court on Monday as it sought injunction against Emami from issuing what it called groundless threats with respect to the use of its trademark Glow & Handsome.
HUL also sought a limited ad-interim relief that Emami should give at least seven days prior written notice to the company before initiating any legal proceedings in any court or claiming any interim or ad-interim relief on the use of the Glow & Handsome trademark by HUL.
HUL said in 2018 that it coined and adopted the trademarks Glow & Lovely and Glow & Handsome. On July 2, 2020, HUL made an official announcement that its flagship Fair & Lovely was being rebranded as Glow & Lovely and its skincare range of products for men will be called Glow & Handsome.
The court after hearing preliminary arguments from HUL observed that prima facie it does appear that HUL was the prior adopter of the mark as it had filed its trade mark application first in September 2018 and subsequently on June 25, 2020.
The court also directed Emami to give HUL seven days prior written notice before initiating legal proceedings against it and posted the matter for further hearing on July 27.
After HUL made an official announcement about adoption of the trademark Glow & Handsome, Emami said that its Fair & Handsome brand of men’s grooming products is the market leader in the men’s fairness cream segment and possesses legal ownership of the trademarks.
It added that they have already launched their brand Emami Glow & Handsome on digital platforms and necessary application has already been made to the relevant authorities.
The company also said that it is not surprised to note HUL’s unfair business practice, which has been in view time and again to damage Emami’s brand image.
Emami added the company will be consulting its legal experts to address the matter further.
First Published:Jul 6, 2020 10:53 PM IST