FMCG major Hindustan Unilever Ltd's (HUL) has got a temporary relief from the Bombay High Court after Emami Ltd was told to give HUL seven days of advance notice before initiating legal proceedings on its trademark "Glow and Handsome".
HUL moved the court after Emami said it would take legal action against the company as it already owns "Emami Fair and Glow" brand. HUL had recently dropped the word "fair" from its skin cream, replacing it with "Glow" -- Glow & Lovely for women and Glow & Handsome for men.
Justice BP Colabwalla, while hearing the HUL application filed under the Trade Marks Act, said that it appeared prima facie that HUL had applied for the trademark application in September 2018 and later on June 20 this year.
HUL in its application said Emami should give the company seven days before issuing legal notice or claiming interim relief.
"The statements made by the defendant (Emami) do amount to a threat, however, whether they are unlawful or groundless, that is something that will have to be decided after hearing both the sides," the court said.
The court also directed Emami to grant seven days to HUL before starting legal proceedings. The matter was further scheduled to July 27. As per HUL, it launched "Fair & Lovely" brand in 1975, though it was made gender specific in 2006 when the company launched another similar product "Fair & Handsome" for men. As per the HUL application in the court, it coined and adopted the trademark "Glow & Lovely" and "Glow & Handsome".
However, Emami held a press conference on July 2, accusing HUL for violating the trademark law. The company also said it would take legal action against HUL as it already owns "Emami Glow and Handsome" skincare brand.
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