February 26, 2021

Bombay HC directs Emami to offer 5 days discover to HUL earlier than approaching any courtroom for any aid

MUMBAI: The Bombay Excessive Court docket has disposed of the plea filed by Emami that had sought to vacate the ex-parte order towards it, underneath which the Kolkata-based agency was directed to offer seven days prior discover to the Hindustan Unilever (HUL) earlier than it information any case towards the corporate to hunt any aid in relation to the trademark ‘Glow & Good-looking’.

Nevertheless, the courtroom has modified its earlier order of July 6 and has now directed Emami to offer 5 days discover to HUL, in the event that they select to maneuver for any interim aid in some other proceedings initiated in a civil courtroom.

The maker of BoroPlus and Navratna had additionally sought courtroom’s intervention to grant it related aid the place HUL ought to inform the corporate if it additionally approaches some other courtroom towards the corporate for any additional aid.

On Tuesday, Justice BP Colabawalla, whereas passing the order noticed that the case was filed by the HUL and never by the Emami and therefore they cant get related aid in the identical case.

“If the defendant (Emami) needs to hunt such reliefs towards the plaintiff (HUL) herein, they’re free to take action within the swimsuit filed by the defendant earlier than the Calcutta Excessive Court docket and the Calcutta Excessive Court docket will then determine the mentioned rivalry on deserves and in accordance with the legislation,” noticed the courtroom whereas passing this order.

At present, Emami has additionally approached the Calcutta Excessive Court docket towards the HUL, to restrain it from utilizing its trademark ‘Glow & Good-looking’. The Kolkata-based Emami is promoting its males’s grooming merchandise underneath the model ‘Emami Honest and Good-looking’.

Earlier, on July 6, the maker of Surf Excel and Dove, HUL had approached the courtroom towards Emami to restrain it from allegedly ‘issuing groundless threats’ to it in respect of the usage of its trademark ‘Glow & Good-looking’.

Emami had within the first week of July mentioned that it’s evaluating authorized motion towards HUL for renaming its males cream Glow & Good-looking which sounds much like the Kolkata-based firm’s model Emami Glow & Good-looking.

Subsequently, the maker of Surf Excel and Dove, HUL had sought the courtroom’s intervention to direct the Emami to offer them seven days discover earlier than approaching any courtroom to hunt any aid. The one bench had later allowed the prayer.

Senior Counsel Virag Tulzapurkar together with advocate Hiren Kamod, who appeared with Vaibhav Keni of Legasis Companions within the case. Whereas Emami was being represented by advocate Abhimanyu Bhandari and Sanjay Ginodia within the case.