Bombay HC: Prima facie HUL prior adopter of trademark in skin care spat, but will hear both sides

(Consultant picture)

MUMBAI: In a trademark battle that might not be good-looking, Bombay excessive court docket on Monday noticed that prima facie, it does seem that Hindustan Unilever Restricted (HUL) is a “prior adopter” of the trademark ‘Glow & Good-looking’.
Justice B P Colabawalla was listening to a plaint by HUL to get a previous discover from home-grown FMCG, Emami Ltd, in case of any authorized battle. The Decide famous that it additionally seems the HUL “has already began business ads” over the boys’s skincare cream with that trademark ‘Glow & Good-looking’.
The HC directed that Emami should give HUL seven clear working days prior written discover earlier than launching any trademark battle in court docket over use of ‘Glow and Good-looking’ and claiming any interim reduction in opposition to HUL as threatened in statements issued.
The spat brewing over the previous few days, led subsidiary of British-Ducth multinational firm Unilever Plc, to hurry to court docket with a swimsuit to injunct Emami, a Kolkata-based firm from initiating any authorized battle with out prior discover to and cease “issuing groundless threats” over the usage of ‘Glow & Good-looking’ as a trademark.
HUL counsel Hiren Kamod argued that the matter was “nice urgency” and sought a listening to earlier than the HC bench. It sought an ex-parte order.
Considered one of HUL logos was ‘Honest & Pretty’ adopted in 1975 as a equity cream, largely promoted for ladies’s use, although 30 p.c of its patrons and customers have been males too. HUL stated in 2006 to introduced in ‘Honest & Pretty, Males’ and in 2018 “after conducting a register search” adopted the logos ‘Glow & Good-looking’ and “glow & pretty”.
Justice Colabawalla stated: “I’ve heard the submissions made by Kamod and perused the document. Prima facie it does seem that having filed its commerce mark software in September 2018 and subsequently on June 25, 2020 for the mark ‘Glow & Good-looking’, the Plaintiff is the prior adopter of the stated mark. Additional, from a perusal of the newspaper chopping at Exhibit-S to the Plaint, it prima facie seems that the Plaintiff has already began business ads in respect of the commerce mark ‘Glow & Good-looking’.
Additionally, the HC stated it prima facie appeared that Emami adopted ‘Glow & Good-looking’ mark for the primary time on June 25, 2020 and has not commercially used it until date.
It additionally stated, “the statements made by the Defendant (Emami) … do quantity to a risk, nevertheless, whether or not they’re illegal or groundless, that’s one thing that should be determined after listening to each the edges.”

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