HUL had sufficiently marketed its new model “Glow & Good-looking”, stated the court docket (File)
Mumbai:
The Bombay Excessive Court docket, in a short lived order, has restrained FMCG agency Emami from promoting any skincare product below the brandname containing the phrases “Glow and Good-looking”, saying that prima facie Hindustan Unilever (HUL) has used them first in its manufacturers.
Justice SC Gupte handed the order on Monday on an utility filed by HUL below the Commerce Marks Act, looking for an injunction in opposition to Emami from utilizing the trademark “Glow & Good-looking”.
HUL just lately dropped the phrase “Honest” from its pores and skin lotions for women and men, and renamed the pores and skin cream for males as “Glow & Good-looking”.
Emami claimed that it was the proprietor of this trademark, and was going to launch a skincare cream for males below the identical identify.
“… plaintiff (HUL) prime facie seems to be a previous adopter and person of the mark “Glow & Good-looking”,” the excessive court docket stated in its order.
HUL had already launched its items out there with this trademark whereas Emami was nonetheless on the stage of adopting a strategy of launching its items, the court docket famous.
“Its (Emami) utility for registration of that mark can be of a subsequent date,” the order stated.
Additional, HUL had sufficiently marketed its new model “Glow & Good-looking”, stated the court docket.
“At this threshold stage, it’s affordable to see that there’s concrete probability of confusion and deception within the public, if an identical marks are allowed to carry the sphere for standard and far offered commodities,” it stated.
Till the ultimate disposal of the matter, Emami, which has not but introduced its personal items into the market below “Glow and Good-looking” model, deserves to be restrained from doing so, stated the choose.
“Pending ultimate listening to and disposal of the matter, the defendant (Emami) is quickly restrained from utilizing the alleged mark “Glow & Good-looking” and/or another mark containing the phrases in respect of any grooming, skincare and beauty merchandise,” the court docket stated.
It posted the matter for additional listening to after two weeks.
As per HUL, it launched Honest & Pretty face cream in 1975. In 2006 it launched `Honest & Pretty, Males”, and in 2018, it coined and adopted the emblems `Glow & Pretty” and “Glow & Good-looking”, being the primary firm to take action, it claimed.
(Apart from the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)
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