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A single-judge bench of Justice BP Colabawalla heard through videoconference an interim application documented by HUL under Section 142 of Trade Marks Act, seeking an injunction against Emami from giving groundless threat taking into account the use of its trademark 'Glow & Handsome'. HUL in its application said the respondent (Emami) should give it, at least, seven days earlier notice before starting any lawful procedures in any court or claiming any interim relief against (HUL) as threatened in the announcements made by Emami.
The HUL said that on September 7, 2018, subsequent to conducting a search in the Register of Trade Marks, it had authored and received the trademarks ‘Glow & Lovely’ and ‘Glow & Handsome’for healthy skin items. HUL further said that Emami gave statements in different papers taking steps to receive lawful activity against HUL for violating rights in its mark 'Emami Glow and Handsome'. Looking for interim relief against the alleged threat, plaintiff HUL looked for an ex-parte order.
The court said "The statements made by the respondent (Emami) do amount to threat, in any case, regardless of whether they are unlawful or groundless, that is something that should be decided after hearing both the sides," The bench directed Emami to give HUL seven days earlier written notice before starting lawful procedures against it and posted the issue for further hearing on July 27.
After hearing submissions, Justice Colabawalla observed, "prima facie it gives the idea that having filed its trademark applications for the mark ‘GLOW & HANDSOME’, the Plaintiff (HUL) is the earlier adopter of the said mark."
According to the application, HUL, in 1975, launched a fairness face cream Fair and Lovely which was initially gender-neutral. To explicitly focus on the men's segment, in 2006, HUL launched 'Fair & Lovely, Men'. HUL said in 2018, it coined and adopted the trademarks 'Glow & Lovely' and 'Glow & Handsome'. On July 2, 2020, HUL made an official declaration that 'Fair & Lovely' was being rebranded as 'Glow & Lovely’ and its skincare run items for men will be called 'Glow & Handsome'.
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