In Short:
The Calcutta High Court has ordered Hindustan Unilever to stop selling and marketing its men’s skincare products under the name “Glow & Handsome” after Emami filed a suit for infringement and passing off. Emami argued that HUL’s use of “Glow and Handsome” infringes on their mark “Fair and Handsome”. The court agreed with Emami, noting the strong case they presented. HUL has a month to comply with the order.
The Calcutta High Court Orders Hindustan Unilever to Stop Selling “Glow & Handsome” Men’s Skincare Products
Have you heard about the recent ruling by the Calcutta High Court regarding FMCG major Hindustan Unilever? It’s quite an interesting development that you wouldn’t want to miss. Let’s dive right in!
Infringement Issue
The High Court has issued an order restraining Hindustan Unilever from selling and marketing its men’s skincare products under the name “Glow & Handsome”. This came after Emami Ltd, the maker of “Fair And Handsome” products, filed a suit for infringement against Hindustan Unilever.
Emami had raised concerns that Hindustan Unilever’s use of the mark “Glow and Handsome” was infringing on their own mark “Fair and Handsome”. The court found merit in Emami’s case and granted an injunction against Hindustan Unilever.
Generic Term Argument
During the proceedings, Hindustan Unilever argued that the term “Handsome” is generic and lacks distinctiveness. They claimed that Emami had never used the mark “Handsome” on its own and had even received a disclaimer for it when registering “Fair and Handsome”. However, the court noted that Emami had been using the mark “Fair and Handsome” since 2005, long before Hindustan Unilever launched “Glow and Handsome” in 2020.
The court emphasized that adopting a key element of a competitor’s brand name in a deliberate manner is unfair and can deceive consumers. Hindustan Unilever was found to be taking advantage of Emami’s established mark, leading to the injunction order.
When approached for comment, an HUL spokesperson mentioned that they are reviewing the order and will take necessary action in response.
Exciting times in the FMCG industry, right? Stay tuned for more updates on this intriguing legal battle!
