HUL Versus Emami: Calcutta High Court Bars HUL From Using 'Glow & Handsome' Trademark

Hindustan Unilever Ltd. has been dealt a blow as the Calcutta High Court has issued an interim injunction order, restraining the use of 'Glow & Handsome' mark for its men's care products. This ruling comes after a lawsuit filed by Kolkata-based rival Emami Ltd. about trademark infringement against the consumer goods giant nearly four years ago.

The court has asked HUL to remove its 'Glow & Handsome' products from the shelves within a month's time. An HUL spokesperson said they are "reviewing the order and will take appropriate action".

HUL and Emami have a history of trademark conflicts. In some cases, Emami has even emerged victorious.

The ongoing dispute between the two companies began in 2020 when HUL renamed its men’s fairness cream brand to ‘Glow & Handsome’ from 'Men's Fair & Lovely’, prompting Emami to file a suit alleging infringement.

The court observed that Emami had a strong case for passing-off, as the ‘Glow & Handsome’ mark was deemed deceptively similar to Emami’s ‘Fair & Handsome’ brand, which has acquired distinctiveness in the market.

Emami has been the market leader in the men’s fairness cream segment since the launch of Fair & Handsome in 2005, while HUL entered the segment later, the court said in its order.

"In view of the fact that the respondent has already launched its product, the respondent is granted a month to take necessary steps to comply with this order," a single bench of Justice Ravi Kapur said.

On behalf of HUL, it was contended that the mark 'Handsome is "purely descriptive and incapable of any distinctiveness". 'Handsome' is a generic term also used by other competitors in the industry, it argued.

"Nobody has any right to represent the goods of somebody else. In doing so, the rival takes a 'free ride'," the judgment read.

Emami has invested heavily in advertising and marketing Fair & Handsome, leading to total sales of over Rs 2,430 crore up to 2019-20.

The court noted that Emami’s registrations for ‘Fair and Handsome’ predate HUL's use of the ‘Glow and Handsome’ mark, making Emami the prior user of the distinct mark.

Both companies operate in the same class of goods, with Emami claiming to have more than 65% of the share in the men’s fairness cream market.