HUL vs Emami : Bombay HC Temporarily Restrains Emami From Using The Mark "Glow And Handsome" [Read Order]
Live LawThe Bombay High Court on Monday granted a temporary injunction against Emami Ltd, restraining the Kolkata based conglomerate from using the mark "Glow and Handsome" noting that the plaintiff Hindustan Unilever was prima facie the prior adopter and user of the said trademark. Justice SC Gupte was hearing an interim application in a commercial suit filed by HUL, who claims to be a proprietor and prior user of the mark "Glow & Handsome" for its well known skin cream, thus far marketed under the trademark "Fair & Lovely". The bench referred to HUL's suit under Section 142 of the Trade Marks Act filed against Emami and a single judge in an ex-parte order on July 5 directed the Emami to give a minimum seven days prior notice to HUL in case any action was launched by it towards infringement or passing off in respect of the plaintiff's use of the trademark "Glow & Handsome". Justice Gupte observed- "So far as this Court is concerned, it is sufficient to note at this early prima facie stage that the plaintiff is a prior adopter and user of the mark "Glow & Handsome"; it has already launched its goods in the market with that trademark; and so far as the defendant is concerned, it is admittedly at the stage of adopting "a process of launching" its goods under the trademark "Glow & Handsome" Thus, temporarily restraining Emami from using the alleged mark 'Glow And Handsome', Court said- "In any action of passing off, just as the court considers proprietary interests of rival traders, the court is also essentially concerned with the likelihood of deception amongst the customers and public.