Emami secures a significant victory as the Calcutta High Court prohibits HUL from utilizing the ‘Glow & Handsome’ trademark. The decision marks a legal triumph for Emami over its rival in the beauty and skincare industry. The court’s ruling highlights the importance of protecting intellectual property rights in competitive markets.
Calcutta: In a recent ruling, the Calcutta High Court prohibited Hindustan Unilever Ltd (HUL) from using the ‘Glow & Handsome’ label for its men’s care products, following a case filed by Emami Ltd.
The high court even set a deadline, giving HUL just one month to comply with the order issued on 9 April.
An HUL spokesperson mentioned,
“The Calcutta HC has issued an injunction order after nearly four years in a suit brought by Emami for passing off. We are examining the order and will respond accordingly.”
Regarding the issue, Shwetank Ginodia, partner at R Ginodia & Co. LLP, remarked,
“We are pleased that the court has granted Emami’s request for an interim injunction and has prohibited HUL from using the ‘Glow & Handsome’ mark. Emami’s claim that HUL has engaged in passing off has been validated.”
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A dispute arose in 2020 between Emami and HUL when the latter rebranded its men’s fairness cream to ‘Glow & Handsome’. Its quite similar, if not exactly similar, to Emami’s older ‘Fair & Handsome’ brand, forcing it to take a stand against its bitter rival. Emami alleged infringement of its rights by asserting that ‘Glow & Handsome’ almost identical to its registered mark. After years of attempting, Emami finally managed to get a decision in favor of its stance.
The court stated that,
“Glow and Handsome’ is deceptively similar to the petitioner’s registered mark.”
It further elaborated,
“Being a prior user and the first in the men’s fairness cream segment, the adoption and use of the mark ‘Glow and Handsome’ is therefore misleading and deceptive,” as reported by Mint.
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Amidst the booming beauty segment, especially in India’s sizable men’s market, companies in the consumer beauty and lifestyle sectors pursued revenue and profit growth by offering products that aimed to improve appearances and skin tones. This trend unsurprising given the sustained profitability. However, intense competition arose, including disputes over product types and names. One major clash involved HUL and Emami Ltd, culminating in a legal battle at the Calcutta High Court, where recent developments suggest a turning point in the ongoing dispute.