Bombay High Court: S.C. Gupte, J., granted an interim injunction to Hindustan Unilever Limited while restraining “Emami” from the use of trademark “Glow & Handsome” till the final disposal of hearing.
Hindustan Unilever Limited by the present interim application claimed to be a proprietor and prior user of the mark “Glow and Handsome” for its well-known skin cream, thus far marketed under the trademark “Fair & Lovely”. HUL sought to restrain the defendant, who is a rival manufacturer and trader of goods, from using the mark “Glow & Handsome” for its rival product.
Premise based on which the present application has been moved by HUL
Sometime in September 2018, the Plaintiff applied for registration of the new trademark “Glow & Handsome”.
The Plaintiff also proceeded to obtain permission from the Food and Drugs Administration (‘FDA’) of its trademark “Fair & Lovely” to the new mark “Glow & Handsome”. That permission appears to have come about on 2-08-2020. By a press release dated 3-07-2020, the Plaintiff announced its proposed use of the trademark “Glow & Handsome” for the product hitherto marketed under the trademark “Fair & Lovely”.
On 27-07-2020, the Defendant purported to announce what it describes as a process of launching products under the trademark “Glow And Handsome”.
Present interim application seeking an interim injunction against Emami’s use of the trademark “Glow and Handsome” has been moved in view of the above.
Court’s Analysis and Decision
Bench observed that plaintiff prima facie appears to be a prior adopter and user of the mark “Glow and Handsome”.
HUL has already launched its gods in the market with the said trademark and so far as the defendant is concerned, it is admittedly at the stage of adopting “a process of launching” its goods under the trademark “Glow and Handsome”.
Hence the HUL is entitled to an ad-interim injunction at the present stage.
Court restrained Emami, who has not yet brought its own goods into the market under the proposed trademark “Glow & Handsome” till the time both the parties complete their respective pleadings and final disposal of the matter is completed.
Bench clarified that he present order in no way shall obstruct the defendant’s claim in its own suit in Calcutta High Court regarding a restraint order against the plaintiff’s use of trademark “Glow & Handsome”, also, the Plaintiff cannot claim any equities so far as its use of the mark “Glow & Handsome” hereafter is concerned. [HUL v. Emami Ltd., 2020 SCC OnLine Bom 872, decided on 17-08-2020]
