The Calcutta High Court (HC) has delivered a landmark judgement, restraining consumer goods giant Hindustan Unilever Limited (HUL) from using the “Glow & Handsome” mark to sell its men’s care products. The decision came in response to a lawsuit filed by the competitor Emami Limited which owns the brand name “Fair & Handsome”.
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HUL to take action within One Month
The Calcutta HC has given one month to the HUL to comply with the court’s order, which was issued on April 9th, 2024. The Company’s spokesperson mentioned that the HC has issued an injunction order for passing off after nearly 4 years since the suit was filed by Emami. They stated, “We are reviewing the order and will take appropriate action”.
Why Branding Dispute ?
The legal battle between the HUL and Emami was initiated way back in 2020 when the HUL renamed its men’s fairness cream brand to “Glow & Handsome” a decision which was contested by Emami on the verge of owning the “Fair & Handsome” brand of men’s personal care products.
Observations of HC
It was found that Emami’s arguments deserved due consideration and the Court stated in its opinion that the Glow & Handsome advertisement shows considerable similarity with Emami’s registered brand name.
Legal Teams and Representation
Emami Group was defended by its lawyers, represented by senior advocates Mr Ranjan Bachawat and Mr Shwetank Ginodia. This judgment is essentially a recognition by the Allahabad Court of the allegations like a violation of Emami and pass-through by HUL. The 4-year long Emami dispute is the longest in the history of legal battles and illustrates the complexity and rigour of legal battles in the corporate world.
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Arguments and Counterarguments
Emami argued that it was misleading by giving a prominent position to ‘Handsome’ in its mark, making it identical to its registered mark i.e. HANDSOME. HUL, on the other hand, claimed that ‘handsome’ is nothing but a generic term used in the industry.
As the trademark infringement case between Emami and HUL continues in court, the recent order of the Calcutta HC marks a major step forward in the ongoing legal battle emphasizing the importance of brand identity and trademark protection in the consumer goods business.
