Calcutta High Court restrains HUL from using ‘Glow & Handsome’ mark in big win for rival Emami
Emami had lodged a case saying HUL's use of the phrase ‘Glow & Handsome’ violated its 'Fair & Handsome' mark and the Calcutta High Court agreed.
With the beauty segment virtually on fire and the market size being huge in India in the men's segment, revenue and profit growth drove most consumer beauty and lifestyle oriented companies to jump onto the bandwagon of selling products that sought to enhance looks and skin tones. The jump was understandable as the profits were definitely not ephemeral. However, fierce rivalries broke out over the nature of the goods and these even spanned the names of products. And one of the biggest battles was fought between HUL and Emami Ltd that ultimately ended up landing in the Calcutta High Court where things look to have taken a turn with the decision being rendered.
Calcutta HC Ruling
The Calcutta High Court, in its ruling, has barred Hindustan Unilever Ltd (HUL) from using the ‘Glow & Handsome’ mark for its men’s care products, in a case that was filed by Emami Ltd.
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Court's Decision
The high court has gone to the extent of setting a deadline, granting HUL just a month to comply with the order passed on 9 April.
HUL's Response
However, things may take another turn as the HUL spokesperson said his company was reviewing the order and was planning appropriate action in response to the injunction issued by the Calcutta HC.
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Background to the Dispute
A dispute arose in 2020 between Emami and HUL when the latter rebranded its men’s fairness cream to ‘Glow & Handsome’. This was quite similar, if not exactly similar, to Emami's older ‘Fair & Handsome’ brand, forcing it to take a stand against its bitter rival.
Allegations and Legal Analysis
Emami alleged infringement of its rights by asserting that ‘Glow & Handsome’ is almost similar to its registered mark. After years of trying, Emami finally managed to get a decision in favour of its stance.
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According to the court, Glow and Handsome’ is deceptively similar to the petitioner’s registered mark.” It went on to add, “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,” revealed Mint in a report.
