In a significant legal development, the Calcutta High Court has intervened in the ongoing trademark dispute between consumer goods behemoths Hindustan Unilever Ltd (HUL) and Emami Ltd. The court’s order, issued in response to a suit filed by Emami, restrains HUL from utilizing the ‘Glow & Handsome’ mark for its men’s care products.
The directive comes after Emami’s contention that HUL’s adoption of the ‘Glow & Handsome’ mark, reminiscent of Emami’s long-standing ‘Fair & Handsome’ brand, constitutes trademark infringement and passing-off. Emami’s legal team argued that the similarity between the two marks could mislead consumers and dilute the distinctiveness of Emami’s brand, which has been established in the market since 2005.
The court, in its order, acknowledged Emami’s claim of being the market leader in the men’s fairness cream segment, supported by substantial investments in marketing and advertising over the years. It emphasized the importance of prior usage and market dominance, factors that play a crucial role in determining trademark disputes.
HUL has been given a grace period of one month to comply with the court’s order, during which it must cease the usage of the ‘Glow & Handsome’ mark or take necessary steps to address the concerns raised by Emami. Responding to the court’s decision, an HUL spokesperson stated that the company is currently reviewing the order and will take appropriate action.
This legal showdown adds another chapter to the ongoing saga of rebranding efforts within the beauty industry, where companies are increasingly reevaluating their product names and marketing strategies to align with evolving consumer sentiments. It also underscores the growing importance of intellectual property rights and brand protection in fiercely competitive markets like India.