On 16th July 2020, the Bombay High Court dismissed an appeal filed by Emami Limited challenging the ex-parte interim relief granted to Hindustan Unilever Limited (HUL) in the trademark battle over “Glow & Handsome” for the skin lightening products being sold by the two companies (Emami Ltd v. HUL).
Justice BP Colabawalla directed on July 6 that prior written notice seven days in advance by Emami should be given to HUL before it may choose to initiate any legal proceedings over the Trademark for “Glow & Handsome.”
Emami had filedan appeal challenging the order. However, a Division Bench of Justice RD Dhanuka and BG Bisht declined to set aside the interim order while observing, inter alia, that the order under challenge is an ad-interim order and that the matter is due to come up before the Court on July 27.
The Division Bench’s order on July 16 stated,
“In paragraph (17) of the interim order, the learned Single Judge has granted liberty to the defendants to apply for variation of the said order with 48 hours prior notice to the plaintiff’s advocate. The learned Single Judge also directed to place the interim application for further reliefs on 27th July, 2020.”
The Court had declined to grant relief and dismissed the appeal made by Emami.
Recent Announcement of HUL’s decision to rebrand its skin lightening products Fair & Lovely (for women) and Men’s Fair & Lovely (for men) to Glow & Lovely and Glow & Handsome, respectively was done.
The move prompted swift press statements threatening Legal action from Emami were prompted, which had launched its rebranded skin lightening product as “Glow & Handsome” recently. Fair & Handsome was the initial name of the product.
An urgent application before the Bombay High Court had been made by HUL asserting that it had made applications to trademark Glow & Lovely and Glow & Handsome as early as September 2018 (i.e.beforeEmami is stated to have filed applications to trademark Glow & Handsome).
Contention was raised by HUL that it was the prior adopter and user of the trademark ‘Glow & Handsome.‘ and argued that since Emami has not used the said trademark, the same is not entitled to disturb HUL’s “honest and bonafide use” of Glow & Handsome which was HUL’s “prior adopted trade mark.”
Justice Colabawalla on July 6, had granted the company ad-interim relief in the matter.
Read the order here: