Blog
Calcutta High Court Restrains Hindustan Unilever Limited from Using 'Glow and Handsome' Trademark
Introduction:
In a recent legal development, the Calcutta High Court has issued an interim order restraining Hindustan Unilever Limited (HUL) from using the mark “Glow and Handsome.” The court’s decision comes in response to a trademark dispute filed by Emami Limited, alleging that HUL’s mark contains an essential feature of Emami’s “Fair and Handsome” trademark.
Background:
Emami Limited, a prominent Indian consumer goods company, is well-known for its skincare products, including the “Fair and Handsome” range targeted at men. On the other hand, Hindustan Unilever Limited (HUL), a multinational consumer goods company, had recently rebranded its men’s skincare line as “Glow and Handsome,” which led to a legal tussle between the two companies.
Legal Proceedings:
Emami Limited initiated legal proceedings against HUL, alleging trademark infringement and passing off. Emami argued that HUL’s adoption of the mark “Glow and Handsome” constituted an infringement of its registered trademark “Fair and Handsome.” Emami contended that HUL’s use of a similar mark could create confusion among consumers and dilute the distinctiveness of its brand.
Court’s Interim Order:
After hearing the arguments presented by both parties, the Calcutta High Court granted interim relief to Emami Limited. The court restrained HUL from using the mark “Glow and Handsome” until further orders. This decision is significant as it acknowledges the validity of Emami’s concerns regarding trademark infringement and the potential harm to its brand reputation.
Analysis:
The court’s interim order reflects the importance of protecting intellectual property rights and preventing unfair competition in the marketplace. Trademarks serve as valuable assets for businesses, representing the goodwill and reputation associated with their products or services. By restraining HUL from using a mark similar to Emami’s trademark, the court has taken a proactive stance in safeguarding Emami’s interests and maintaining clarity in the marketplace.
Conclusion:
In the case of Emami Limited v. Hindustan Unilever Limited, the High Court of Calcutta reached a nuanced decision regarding trademark infringement and passing off. While acknowledging Emami Limited’s registration for the trademark “Fair and Handsome” and their extensive promotion of the “Handsome” component, the court found that Emami had not sufficiently demonstrated that “Handsome” had acquired distinctiveness or secondary meaning on its own. Consequently, the court ruled that Hindustan Unilever’s use of “Glow and Handsome” did not constitute trademark infringement, as Emami couldn’t claim exclusive rights over the word “Handsome.”
However, the court ruled in favor of Emami Limited on the grounds of passing off. It determined that Hindustan Unilever’s deliberate adoption of the prominent “Handsome” feature from Emami’s trademark was likely to cause consumer confusion and harm Emami’s goodwill. As a result, the court granted an interim injunction, restraining Hindustan Unilever from using the mark “Glow and Handsome,” providing a one-month compliance period.
This decision underscores the importance of not only trademark registration but also demonstrating the distinctiveness and secondary meaning of individual elements within a trademark. Additionally, it highlights the court’s commitment to preventing consumer confusion and protecting the goodwill of established brands through the doctrine of passing off.
Bibliography:
1. “Calcutta HC Restrains HUL from Using ‘Glow & Handsome’ Trademark,” Economic Times, December 21, 2023
2. “Emami Moves Calcutta High Court Against HUL’s Rebranding of ‘Fair & Lovely’ as ‘Glow & Handsome,'” The Hindu Business Line, July 6, 2020
3. “Fair & Handsome Maker Emami Moves Court Against HUL’s ‘Glow & Handsome’ Men’s Range,” Moneycontrol, July 4, 2020
This Post Has One Comment
Eu simplesmente não consegui sair do seu site antes de sugerir que realmente gostei das informações padrão que uma pessoa fornece aos seus visitantes. Estarei novamente de forma constante para verificar novas postagens