The Bombay High Court has temporarily barred Kolkata-based conglomerate Emami from selling its skincare products under the name “Glow & Handsome” and noted that Hindustan Unilever Limited had adopted the name first, PTI reported on Tuesday.
The court’s order came on an application filed by Hindustan Unilever Limited under the Trade Marks Act, asking that Emani be issued an order to stop using its brand name.
Hindustan Unilever Limited’s lawyers told the court that the multinational firm had taken up the brand name in 2018 and also received government approvals to change the name of its popular skincare product “Fair & Lovely” to “Glow & Lovely” earlier this month, according to Hindustan Times. Hindustan Unilever Limited had named its skin cream for men as “Glow & Handsome”.
The court noted that Hindustan Unilever Limited had already launched its products under the trade name “Glow & Handsome” while Emami was still in the process of putting its products in the market. “Its [Emami] application for registration of that mark is also of a subsequent date,” the court’s single-judge bench said, according to PTI.
The court noted that confusion would prevail in the market if the two companies sell their products with the same name. “At this threshold stage, it is reasonable to see that there is concrete likelihood of confusion and deception in the public, if identical marks are allowed to hold the field for popular and much sold commodities,” the court said.
The court posted the case for hearing after two weeks. “Pending final hearing and disposal of the matter, the defendant (Emami) is temporarily restrained from using the alleged mark ‘Glow & Handsome’ and/or any other mark containing the words in respect of any grooming, skincare and cosmetic products,” the court said.
In July, Hindustan Unilever had renamed its popular skincare brand “Fair & Lovely” to “Glow & Lovely”. The company had been facing constant criticism for promoting racist images and negative stereotypes related to darker skin tones.