In an interim aid to Hindustan Unilever Limited (HUL), the Bombay excessive court docket has restrained Emami Limited from initiating any authorized proceedings towards HUL with out prior written discover of seven days. On Monday, HUL which not too long ago introduced that it was rebranding its equity cream ‘Fair & Lovely’ to ‘Glow & Lovely’ and the identical product for males can be referred to as ‘Glow & Handsome’ approached the HC searching for a restricted ad-interim aid towards the statements by Emami that it might take authorized recourse because it claimed to have trademark rights over the rebranded identify utilized by HUL.
A bench of justice B P Colabawalla, whereas listening to the business mental property swimsuit filed by HUL towards Emami, was knowledgeable by advocate Hiren Kamod that HUL sought pressing listening to of the matter for the restricted function that ‘the defendant (Emami) should give at least 7 clear days prior written notice to the plaintiff (HUL) before initiating any legal proceedings in any court or claiming any interim or ad-interim reliefs against the plaintiff as threatened in the statements issued/made on behalf of the defendant (Emami) against the plaintiff’s (HULs) use of the commerce mark ‘Glow & Handsome’.
Kamod submitted that HUL had adopted the trademark ‘Fair & Lovely’ in 1975 and in 2006 adopted the trademark ‘Fair & Lovely, Men’ which was later modified to ‘Men’s Fair & Lovely’. HUL acquired the requisite emblems too.
Kamod additional acknowledged that in September 2018 after thorough analysis within the Register of Trade Marks, HUL coined and adopted the emblems ‘Glow & Lovely’ and ‘Glow & Handsome’. Multiclass purposes for a similar have been filed with the Registrar of Trade Marks. After the Registrar raised an objection, HUL filed an attraction earlier than the Intellectual Property Appellate Board. Kamod acknowledged that the attraction is pending.
In June 2020, Kamod submitted that one other contemporary set of purposes have been made by HUL with the Registrar of Trade Marks to register the trademark labels ‘Glow & Lovely’ and ‘Glow & Handsome’ in courses three and 5 on proposed for use foundation. Following this, HUL on July 2 introduced its determination to rebrand ‘Fair & Lovely’ to ‘Glow & Lovely’ and the lads’s skincare vary to ‘Glow & Handsome’.
Kamod acknowledged that after the announcement was made, Emami issued statements threatening to undertake authorized motion towards the plaintiff for violating the defendant’s alleged rights in its mark ‘Emami Glow and Handsome’. He additional submitted that the statements issued by Emami are unjustifiable and groundless throughout the that means of part 142 of the Trade Marks Act, 1999 and that their declare is fake and misconceived.
In gentle of those submissions, Kamod stated HUL was searching for restricted advert interim aid that Emami ought to subject them seven days prior discover for any authorized proceedings it was initiating towards HUL.
After listening to the submissions, justice Colabawalla allowed the aid and directed Emami to serve seven days prior discover to HUL about any authorized proceedings it meant to take with reference to the marks in dispute and posted the listening to of the swimsuit on July 27.