Glow & Handsome: Bombay HC dismisses appeal by Emami challenging ad-interim relief granted to HUL in Trademark battle [Read Order]

The Bombay High Court on Thurday dismissed an appeal filed by Emami Limited challenging the ex-parte interim relief granted to Hindustan Unilever Limited (HUL) by a Single Judge earlier this month in the trademark battle over "Glow & Handsome" for the skin lightening products being sold by the two companies (Emami Ltd v. HUL).

On July 6, Justice BP Colabawalla directed that Emami should give HUL prior written notice seven days in advance before it may choose to initiate any legal proceedings over the Trademark for "Glow & Handsome."

An appeal had been filed challenging this order by Emami. However, a Division Bench of Justice RD Dhanuka and BG Bisht declined to set aside the interim order while observing, inter alia, that the order under challenge is an ad-interim order and that the matter is due to come up before the Court on July 27.

The order passed by the Division Bench on July 16 states,

"In paragraph (17) of the interim order, the learned Single Judge has granted liberty to the defendants to apply for variation of the said order with 48 hours prior notice to the plaintiff’s advocate. The learned Single Judge also directed to place the interim application for further reliefs on 27th July, 2020."

As such, the Court declined to grant Emami any relief and dismissed the appeal.

Read the July 16 order:

HUL recently announced its decision to rebrand its skin lightening products Fair & Lovely (for women) and Men's Fair & Lovely (for men) to Glow & Lovely and Glow & Handsome, respectively.

The move prompted swift press statements threatening legal action from Emami, which had launched its rebranded skin lightening product as "Glow & Handsome" recently. Earlier the product was named Fair & Handsome.

This, in turn, led HUL to move an urgent application before the Bombay High Court asserting that HUL had made applications to trademark Glow & Lovely and Glow & Handsome as early as September 2018 (i.e.before Emami is stated to have filed applications to trademark Glow & Handsome).

HUL contended that it was the prior adopter and user of the trademark ‘Glow & Handsome.' It was argued that since Emami has not used the said trademark, Emami is not entitled to disturb HUL's "honest and bonafide use" of Glow & Handsome which was HUL's "prior adopted trade mark."

On July 6, Justice Colabawalla had found prima facie merit in HUL's plea and granted the company ad-interim relief in the matter.