Bombay High Court restrains Emami on brand plans

The Bombay High Court barred Emami Ltd. from using the ‘Glow and Beautiful’ logo on its range of products.

On Monday, the Bombay high court temporarily barred consumer goods manufacturer Emami Ltd from using the ‘Glow and Beautiful’ logo in its grooming, skincare and cosmetic products, in a relief to Hindustan
Unilever Ltd (HUL), India’s largest packaged goods firm.

After HUL agreed to rename its iconic beauty cream “Fair & Lovely” to “Glow & Lovely” for women and
“Glow & Handsome” for men in June, Emami, who already markets the “Fair & Handsome” cream for men,
agreed to contest the change, saying it was in the midst of “Emami Glow & Handsome” launch.

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The court, however, acknowledged that HUL was a prior adopter of the “Glow & Handsome” brand name.

“So far as this court is concerned, it is sufficient to note at this early prima facie stage that the plaintiff (HUL) is a prior adopter and user of the mark “Glow & Handsome”; it has already launched its goods in the market with that trademark; and so far as the defendant (Emami) is concerned, it is admittedly at the stage of adopting “a process of launching” its goods under the trademark “Glow & Handsome”, Justice S.C. Gupte said in an order passed on Monday.

“Whilst the parties may be given some time to complete their respective pleadings, it would be in the interest of justice to then take up the matter on an expeditious basis for the hearing of the interim application. Till that happens, the defendant, who has not yet brought its own goods into the market under its proposed trademark “Glow & Handsome”, deserves to be restrained from doing so,” the order said.

The matter is posted for further hearing after two weeks.