Trademark Dispute Between Hul & Emami Over “Glow & Handsome”

A Trademark dispute between HUL & EMAMI marked the controversy in India. Both the companies manufacture cosmetic products in respect of the current dispute on trademark infringement and have manufacturing units in many states in India. HUL (Hindustan Unilever) is a subsidiary of British based company Unilever argued that it is one of the oldest companies in India which manufacture cosmetic products comparing with EMAMI, which owns the Trademark right on (Fair & Handsome) brand. So, in this blog, we will discuss the Trademark Dispute between HUL & Emami.

BACKGROUND of Trademark Dispute Between HUL & Emami Case

The Trademark dispute between HUL & EMAMI arose when HUL submitted the two applications for the Trademark Registration on “GLOW & LOVELY” & “GLOW & HANDSOME” in 2018. However, both the applications were rejected in 2019. Although, the company applied again for the registration, and since then, the applications have been pending.  In July 2020, HUL made an official announcement in respect of rebranding its product “Fair & lovely” to “Glow & lovely” and also, HUL had launched the brand “Fair and lovely for men”, and for it, HUL wanted to rebrand the name to “glow & handsome”. Days after making this announcement, EMAMI made some statements to the press that HUL violated its rights over the trademark “EMAMI GLOW & HANDSOME” same is the new name changed from its previous name “Fair & handsome”.

HUL took the urgent application against EMAMI to protect its rights over the Trademark. HUL moved an urgent application before the Bombay high court and pleaded that applications were submitted to register trademarks “Glow & lovely ” “glow & handsome” in September 2018. HUL filed the application under Section 142 of the Trademark Act, 1999, looking for the injunction to restraint EMAMI from issuing baseless threats to HUL.  Also, HUL asserted in the application that it is the first adopter and user of the trademark “glow & handsome”, and though Emami has not used the Trademark so far. At present, Bombay high court dismissed the appeal filed by the EMAMI against the order passed by the aforesaid High court as per the order, the interim relief given by the court to HUL by stating that EMAMI got the seven days of prior written notice before the court starts any legal proceedings on the trademark name “Glow & handsome”. In the matter of COCA-COLA COMPANY VS BESLERI INTERNATIONAL PVT LTD. In the aforesaid case, Besleri international Pvt Ltd applied for the Trademark in turkey in the name and style of MAZA (a mango fruit drink), and they have started exporting the fruit drink under the brand name MAZA. The coca-cola (the plaintiff) claimed the permanent injunction and claimed damages for infringement and passing off the Trademark. Finally, the court granted the interim injunction against the defendant “Besleri International Pvt Ltd^[1]”. Trademark dispute between HUL & EMAMI on “glow & handsome “marked the tussle between both the companies affirming the original rights over the Trademark. 

Conclusion

We can conclude after discussing the Trademark dispute between HUL & EMAMI. The tussle between both the companies marked the question mark and commenced the debate on who is the authentic and original inventor of the Trademark “Glow and handsome”. However, as per the recent decision of the Bombay high court, which has given some interim relief to the HUL by rejecting the appeal against the order passed by the said court.

Read our article:What is the Process of Trademark Transfer? – An Overview