Calcutta High Court halts HUL’s ‘Glow & Handsome’ in Emami dispute. Legal standoff over trademark infringement resolved. The Calcutta High Court has ruled in favor of Emami Ltd., restraining consumer goods behemoth Hindustan Unilever Ltd. (HUL) from utilising the ‘Glow & Handsome’ trademark for its men’s care products. This decision comes following a trademark infringement lawsuit initiated by Emami, asserting that HUL’s usage of the said mark infringed upon Emami’s brand ‘Fair & Handsome,’ which purportedly commands a major share of the market.
The dispute stems from HUL’s rebranding of its men’s skin cream in 2020, transitioning from ‘MEN’S FAIR & LOVELY’ to ‘GLOW & HANDSOME.’ Emami promptly challenged this move, contending that it constituted infringement and passing off of Emami’s well-established mark ‘FAIR AND HANDSOME.’
In the ruling delivered by Justice Ravi Kishan Kapur, it was emphasised that HUL’s deliberate adoption of a core component of its competitor’s brand during the renaming process cannot be overlooked. The court highlighted the potential for consumer deception inherent in the selection of the term ‘Glow and Handsome,’ asserting that such actions amount to unfair exploitation of a rival’s brand equity.
Emami asserted its longstanding use and registration of the ‘Fair and Handsome’ trademark globally since 2005, positioning ‘Handsome’ as a distinctive and essential element of its brand identity. With Emami’s product commanding a substantial 65% market share, the company argued that HUL’s use of a deceptively similar mark posed a threat of consumer confusion and misrepresentation.
While HUL contended that ‘handsome’ was a generic descriptor commonly used within the industry, the court sided with Emami, noting the latter’s extensive investment in associating the term with its products over the years.
The court underscored HUL’s obligation to ensure that its rebranded product name did not mislead consumers or result in trademark infringement. Despite HUL’s contention that the rebranding was a strategic decision, the court held that the intentional selection of a prominent feature from a competitor’s mark reflected an element of unfairness.
Though the court’s decision did not fully support Emami’s claim of infringement, it underscored the potential for passing off due to the likelihood of consumer confusion. Consequently, HUL was directed to cease the use of the ‘Glow & Handsome’ mark within a month.
Emami’s legal team, led by Sr. Adv. Ranjan Bachawat and Mr. Shwetank Ginodia, Partner at R. Ginodia & Co. LLP, welcomed the court’s decision, affirming its significance in safeguarding Emami’s brand integrity and market position. Mr. Ginodia expressed satisfaction with the interim injunction granted by the court, effectively restraining HUL from further use of the contentious mark.
While the court’s decision did not entirely support Emami’s claim of Trademark infringement, it underscored the potential for passing off and directed HUL to cease the use of the ‘Glow & Handsome’ mark within a month. Emami’s legal counsel, led by Sr. Adv. Ranjan Bachawat and Mr. Shwetank Ginodia, Partner at R. Ginodia & Co. LLP, welcomed the court’s decision, emphasising its significance in safeguarding Emami’s brand integrity and market position.
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