NEW DELHI: In a recent development, the Bombay High Court has restrained FMCG company, Emami, to not use its ‘Glow and Handsome’ trademark till further notice, saying that prima facie Hindustan Unilever (HUL) had used it first in its brand.
The order was passed by Justice SC Gupte on Monday on an application filed by HUL under the trademark act. HUL’s counsels submitted documents which showed that the mark was adopted by the company in September 2018, and it has also asked for permission from the Food and drug administration to change the name ‘Fair and Lovely’ to ‘Glow and Handsome’, which was cleared on 2 August 2020.
HUL had recently dropped the word ‘Fair’ from its skin cream product for men and women and renamed it to ‘Glow & Handsome.’
HUL had approached the court last week seeking to restrain Emami from using the trademark.
However, Emami claimed that it was the proprietor of this trademark, and was going to launch a skincare cream for men under the same name.
"… plaintiff (HUL) prime facie appears to be a prior adopter and user of the mark "Glow & Handsome"," the high court said in its order.
The court noted that the maker of Dove soap and Surf detergent already launched its goods in the market with this trademark whereas Emami was still at the stage of adopting a process of launching its goods.
"Its (Emami) application for registration of that mark is also of a subsequent date," the order said. It also said that HUL had advertised its brand sufficiently.
"At this threshold stage, it is reasonable to see that there is a concrete likelihood of confusion and deception in the public, if identical marks are allowed to hold the field for popular and much sold commodities" said the court.
The judge said that until the final disposal of the matter, Emami deserves to be restrained from using the name ‘Glow and Handsome.’
The next hearing will take place in two weeks.
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