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Emami and Hindustan Uniliver Limited had a face-off after the change of name of the popular product ‘Fair and Lovely. The usage of ‘Glow and Handsome’ has temporarily been denied by Bombay High Court to the Kolkata based FMCG brand, Emami, as it was first associated with Hindustan Unilever Limited.
The maker of BoroPlus and Navratan Oil filed an application under the Trade Marks Act against Emami to stop them from using the same. Recently, HUL dropped the word ‘Fair’ and replaced it with ‘Glow’ for its creams for both men and women to appease the population. Launched in 1975, the cream significantly gained popularity. But following allegations of imposing a skin type, the brand decided to alter the name of its product.
According to Emami, it was all set to launch a new line of products by the same name on July 27, 2020. However, HUL had applied for registration of the trademark on September 7, 2018, which was granted in 2020 when it began to heavily advertise under the newly trademarked name.
Justice SC Gupte passed the order in favor of HUL being the first its adopter. Emami’s products have not been launched while HUL has its products already in the market. To add here is the fact that the former’s registration application of the mark was of a much later date. It then is understandable that the likelihood between the products would confuse the public. Subsequently, Emmi was told to file its reply within two weeks.
Thus, the court ruled that ‘pending final hearing and disposal of the matter, the defendant (Emami) is temporarily restrained from using the alleged mark 'Glow & Handsome' and/or any other mark containing the words in respect of any grooming, skincare, and cosmetic products’. As a result, the FMCG conglomerate is contemplating legal action against Hindustan Lever Limited.