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    HC tells Emami to give seven-day notice to HUL before taking legal action

    Synopsis

    Kolkata-based Emami, that owns brands such as Boro Plus and Navratna had said on July 2 and 3 in certain media that it is evaluating legal action against HUL for renaming its men cream Glow & Handsome which sounds similar to the Kolkata-based company's brand Emami Glow & Handsome.

    Untitled design - 2020-07-07T081618.376Wikipedia
    MUMBAI: Country’s largest consumer goods maker Hindustan Unilever (HUL) has approached the Bombay High Court against Emami to restrain the Kolkata-based firm from allegedly ‘issuing groundless threats’ to it in respect of the use of trademark ‘Glow & Handsome’.


    On Monday, the maker of Surf Excel and Dove approached the court and sought the court’s intervention to direct Emami to provide seven days prior notice to HUL before initiating any legal proceedings in any court or claiming any interim or ad-interim reliefs against the company. The court has allowed the prayer.


    Kolkata-based Emami, that owns brands such as Boro Plus and Navratna had said on July 2 and 3 in certain media that it is evaluating legal action against HUL for renaming its men cream Glow & Handsome which sounds similar to the Kolkata-based company's brand Emami Glow & Handsome.


    Currently, Emami is selling its men’s grooming products under the brand ‘Emami Fair and Handsome’.


    “Considering the facts and circumstances of the present case, I believe that no harm or prejudice would be caused to the Defendant if the said limited relief is granted,” said Justice BP Colabawalla, while giving ex-parte relief to HUL. “Today, the Plaintiff (HUL) is pressing for a limited relief that the Defendant (Emami) should give at least 7 clear days prior written notice to the Plaintiff before initiating any legal proceedings in any court or claiming any interim or ad-interim reliefs.”


    Before that, Hiren Kamod an advocate for HUL argued that the company had made an official announcement that it’s trademark/brand ‘Fair & Lovely’ is rebranded as ‘Glow & Lovely’ for its skincare range of products and its skincare range of Fair & Lovely products for men will be called as ‘Glow & Handsome’.


    “The defendant’s claim of proprietorship over the marks ‘Glow and Handsome/ Emami Glow and Handsome is false and misconceived,” argued Kamod, who appeared with Vaibhav Keni of Legasis Partners in the case. “The mark 'Glow and Handsome' has not been used by the defendant (Emami) and the Defendant is not entitled to disturb the honest and bonafide use of Plaintiff’s prior adopted trademark Glow & Handsome.”


    While granting an ex-parte relief to HUL, the court observed that prima-facie it does appear that having filed its trademark application in September 2018 and subsequently on 25th June 2020 for the mark ‘Glow & Handsome’, the HUL is the prior adopter of the said mark.


    “It prima facie appears that the Defendant has adopted the ‘Glow and Handsome mark for the first time on June 25, 2020, and has not commercially used it till date,” ruled the court, while directing the Emami to give HUL, 7 days prior written notice before moving to any court for any relief.


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