Latest News
Back
Document:
HUL gets interim relief from Bombay HC in suit b/w HUL versus Emami
The Bombay high court of judicature on Monday insisted Emami Ltd to give a prior notice of seven days it thinks of initiating legal proceedings against HUL over a case pertaining to trademark tussle b/w HUL and Emami Ltd.
Hindustan Unilever Ltd (HUL) and Emami Ltd have locked their horns again, this time over the brand rename of men's fairness cream.
Almost 15 years ago in 2005, Emami ltd had a big move to venture into an non-existent segment-men's fairness cream naming it "Fair and Handsome". Sensing enormous demand HUL also launched almost same product calling it as "Fair and Lovely for men's" in 2006.
Now recently HUL announced its decision in renaming its brand product "men's Fair and Lovely" as " Glow and Handsome" for which application had been made before registration of trademarks in September 2019. consequently it was rejected and the same decision was challenged before intellectual property appellate board and the decision is still pending. Apart from it set of another application was made before registrar in June this year.
Contrary to its HUL's thought, Emami Ltd construed its plan in renaming its brand product " Fair and Handsome" with " Glow and Handsome" this year and got an approval. As a result rebranded its product.
The petitioner HUL contended that re-branding was it prior cognition than Emami Ltd actually thought of the same.
On Monday justice Colabawalla on hearing the matter observed " Prima facie it does appear that having field its trade mark application in September 2018 and subsequently on 25th June 2020 for the mark 'Glow and Handsome' the plaintiff is the prior adopter of the said mark. Further, from a perusal of newspaper cutting at exhibit-s to the plaint, its pima facie appears that the plaintiff has already started commercial advertisement in respect of the trademark " Glow and Handsome"". Further observed that Emami had adopted the name for the first time on June 25th and that it has not used the name commercially till date.
The matter was adjourned to July 27th.
Document:
