January 21, 2021

Bombay Excessive Court docket restrains Emami from utilizing label ‘Glow & Good-looking’ till additional orders

Mumbai: The Bombay Excessive Court docket on Tuesday directed Emami Ltd to not use its ‘Glow and Good-looking’ trademark until additional orders, offering reduction to Hindustan Unilever Ltd.

In an interim order on a plea filed by the nation’s largest client items firm, Justice SC Gupte additionally directed Emami to file its reply inside two weeks.

“It’s enough to notice at this early prima facie stage that the plaintiff (HUL) is a previous adopter and person of the mark ‘Glow & Good-looking’. It has already launched its items available in the market with that trademark,” Justice Gupte stated in his seven-page order.

“…as far as the defendant (Emami) is anxious, it’s admittedly on the stage of adopting ‘a strategy of launching’ its items underneath the trademark ‘Glow & Good-looking’.”

HUL, the maker of Dove cleaning soap and Surf detergent, approached the courtroom final week looking for to restrain Emami from utilizing the trademark.

Showing for HUL, senior counsels Virag Tulzapurkar and Venkatesh Dhond argued that the corporate had utilized for the ‘Glow & Good-looking’ trademark in 2018 and obtained permission from India’s Meals & Drug Administration (FDA) to alter it is Honest & Pretty’ trademark to ‘Glow & Good-looking’.

Emami, the maker of BoroPlus cream and Navratna oil, argued that it was advertising and marketing its skincare product underneath the trademark ‘Honest & Good-looking’ and that HUL was not entitled to make use of ‘Glow & Good-looking’ for the same product, since that infringed upon its registered trademark and amounted to passing off of products.

Emami stated final month that it was evaluating authorized motion in opposition to HUL for renaming its males’s cream ‘Glow & Good-looking’ which is analogous to the Kolkata-based firm’s ‘Emami Glow & Good-looking’. At the moment, Emami sells males’s grooming merchandise underneath the ‘Emami Honest and Good-looking’ model.

Subsequently, HUL sought courtroom intervention to direct Emami to offer it seven days’ discover earlier than approaching any courtroom to hunt reduction.

Individually, Emami has initiated a go well with in opposition to HUL on the Calcutta Excessive Court docket, looking for a perpetual injunction in opposition to utilizing the ‘Glow & Good-looking’ trademark.

Senior Advocates Virag Tulzapurkar, Venkatesh Dhond together with advocate Hiren Kamod and Vaibhav Keni and Neha Iyer of legislation agency Legasis Companions represented HUL within the case. Whereas Emami was being represented by Senior Counsels Jishnu Saha and Ranjan Bachawat.