The Bombay High Court, on Monday, ordered Emami Limited, an FMCG firm to give at least seven days prior notice to Hindustan Unilever Limited (HUL), before initiating any legal proceedings against the latter, which recently dropped the word 'Fair' from its men's skin cream. This comes after a series of 'groundless' threats issued by Emami to sue HUL for allegedly breaching the Trade Marks Act by using their trademark - Glow and Handsome.
A single-judge bench of Justice Burgess Colawalla was hearing a plea filed by HUL seeking injunction against Emami for issuing a series of threats (through statements published in a newspaper) to sue the former for using the trademark.
In its plea filed through senior counsel Virag Tulzapurkar, the HUL urged the judge to issue directives to Emami to give at least seven days prior notice to it before instituting any legal proceedings.
Before Justice Colabawalla, the HUL, highlighted the fact that it had launched a fairness cream viz. Fair & Lovely in 1975. But in 2006, it launched another skin cream - Fair & Lovely Men, which was specifically for men. It also told the bench that, in September 2018, it coined and adopted the trademark - Glow and Lovely (for women) and Glow and Handsome (for men).
The bench further noted that on July 2, HUL made an official announcement rebranding its skincare products by replacing the word 'Fair' with 'Glow.' However, this announcement did not go down well with Emami, which gave press statements in various newspapers, threatening to sue HUL for allegedly breaching its rights by using the word Glow. Notably, Emami adopted - Emami Glow & Handsome on June 25, 2020.
HUL, accordingly, sought injunction against Emami, claiming that the latter might file numerous litigations in courts across the country and seek ex-parte orders.
Having heard the contentions, Justice Colabawalla said, "Prima facie it does appear that having filed its trade mark application in September 2018, HUL is the prior adopter of the said mark. Further, from the newspaper cutting, it prima facie appears that HUL has already started commercial advertisements in respect of its new trade mark."
"Prima facie, it appears that Emami has adopted the ‘glow and handsome’ mark for the first time on June 25, 2020 and has not commercially used it till date. The statements made by Emami and published in various newspapers do amount to a threat," Justice Colabawalla said, adding, "however, whether they are unlawful or groundless, that is something that will have to be decided after hearing both the sides."
The judge, accordingly, passed an interim order, asking Emami to give a seven days prior notice to HUL before instituting any legal action.
source https://www.freepressjournal.in/mumbai/interim-glow-of-relief-for-hul
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