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High Court issues restraining order to HUL following Emami’s lawsuit against “Glow & Handsome” men’s skin care products

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After Emami’s suit, High Court restrains HUL from “passing off” men’s skin care products under “Glow & Handsome”

The Calcutta High Court has issued an order restraining FMCG major Hindustan Unilever from passing off its men’s range of skin care products under the brand name “Glow & Handsome”. The Court observed that Emami has made a strong prima facie case on the grounds of passing off. The order, passed on April 9 by Justice Ravi Krishan Kapur, gives HUL a month to comply with the order.

Emami Ltd, the maker of mens’ skincare products under the brand “Fair And Handsome”, had filed a suit four years ago against Hindustan Unilever (HUL) for infringement and passing off. Emami sought a decree of perpetual injunction against HUL from selling and marketing products under the mark Glow & Handsome and/or “Handsome”.

HUL argued that the term “Handsome” is generic and lacks distinctiveness. However, the Court noted that Emami has been using the mark “Fair and Handsome” since 2005, with substantial investment in advertising and product sales exceeding ₹2,400 crore. The Court also highlighted that HUL’s use of “Glow and Handsome” may unfairly leverage Emami’s established brand and deceive consumers.

An HUL spokesperson stated that they are reviewing the Court’s order and will take appropriate action. The case sheds light on the importance of brand protection and the consequences of passing off in the competitive FMCG industry. The Court’s decision emphasizes the need for companies to conduct thorough checks before launching products to avoid infringing on competitors’ brands.

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