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This is an archive article published on July 6, 2020

‘Glow and Handsome’ row: Bombay HC grants interim relief to HUL

A single judge bench of Justice B P Colabawalla heard through videoconference an interim application filed by HUL under Section 142 of Trade Marks Act, seeking injunction against Emami from issuing groundless threats in view of the use of its trade mark ‘Glow & Handsome’.

Glow and Handsome, Bombay HC, HUL, Emami, Mumbai news, Indian express news The HUL on July 2 had said that it would rebrand its skin-lightening cream ‘Fair & Lovely’ to ‘Glow & Lovely,’ after facing backlash that the name promoted negative stereotypes towards darker skin tones. (Representational)

In an ad-interim relief to Hindustan Unilever Ltd (HUL), which had announced that it would rebrand its skin-lightening cream ‘Fair & Lovely’ to ‘Glow and Lovely’ and its skin cream for men will be called ‘Glow and Handsome,’ the Bombay High Court on Monday, pending hearing, restrained Emami Limited, which owns ‘Fair and Handsome’ brand of products, from initiating any legal proceedings against HUL without prior notice of seven days.

A single judge bench of Justice B P Colabawalla heard through videoconference an interim application filed by HUL under Section 142 of Trade Marks Act, seeking injunction against Emami from issuing groundless threats in view of the use of its trade mark ‘Glow & Handsome’.

The HUL on July 2 had said that it would rebrand its skin-lightening cream ‘Fair & Lovely’ to ‘Glow & Lovely,’ after facing backlash that the name promoted negative stereotypes towards darker skin tones. Its skin cream for men will be called ‘Glow & Handsome’, Hindustan Unilever said.

Senior counsel Virag Tulzapurkar and advocate Hiren Kamod for HUL sought an urgent hearing on Monday and submitted that HUL was seeking ad-interim relief that the defendant Emami Ltd should give at least seven days prior written notice to it before initiating any legal proceedings in any court or claiming any interim relief against HUL as threatened in the statements made by it.

The HUL said that on September 7, 2018, after conducting a search in the Register of Trade Marks, it had coined and adopted the trademarks ‘Glow & Lovely’ and ‘Glow & Handsome’ for skin care products. HUL further said that Emami gave statements in various newspapers threatening to adopt legal action against HUL for violating rights in its mark ‘Emami Glow and Handsome’. Seeking interim relief against alleged threat, plaintiff HUL sought an ex-parte order.

After hearing submissions, Justice Colabawalla observed, “Prima facie it does appear that having filed its trade mark applications for the mark ‘GLOW & HANDSOME’, the Plaintiff (HUL) is the prior adopter of the said mark.” The court posted further hearing on July 27.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

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