Emami can't use 'Glow & Handsome' because HUL were the first to use it, says Bombay HC

• Emami has been restrained from using the words 'Glow and Handsome' until further notice from Bombay High Court.
• HUL filed a suit against Emami for violating Trade Marks Act.
• HC says HUL were first to use Glow and Handsome in their advertisements.

As per Bombay High Court's latest ruling, FMCG firm Emami will not be able to use the words 'Glow and Handsome' or sell any product under that name as HUL was first to use it in their advertisements, until further notice.

HUL filed an application under the Trade Marks Act on Monday, seeking an injunction against Emami from using the trademark 'Glow & Handsome.' Emami claimed that it was the proprietor of this trademark, and was going to launch a skincare cream for men under the same name.

"Plaintiff (HUL) prime facie appears to be a prior adopter and user of the mark 'Glow & Handsome'," the high court said in its order.

HUL recently dropped the word 'Fair' from its skin creams for men and women, and renamed the skin cream for men as 'Glow & Handsome.'

HUL had already launched its goods in the market with this trademark while Emami was still at the stage of adopting a process of launching its goods, the court noted.

"Its (Emami) application for registration of that mark is also of a subsequent date," the order said.

Further, HUL had sufficiently advertised its new brand 'Glow & Handsome', said the court.

"At this threshold stage, it is reasonable to see that there is concrete likelihood of confusion and deception in the public, if identical marks are allowed to hold the field for popular and much sold commodities," it said.

Until the final disposal of the matter, Emami, which has not yet brought its own goods into the market under 'Glow and Handsome' brand, deserves to be restrained from doing so, said the judge.

"Pending final hearing and disposal of the matter, the defendant (Emami) is temporarily restrained from using the alleged mark 'Glow & Handsome' and/or any other mark containing the words in respect of any grooming, skincare and cosmetic products," the court said.

It posted the matter for further hearing after two weeks.

As per HUL, it launched Fair & Lovely face cream in 1975. In 2006 it launched 'Fair & Lovely, Men', and in 2018, it coined and adopted the trademarks 'Glow & Lovely' and 'Glow & Handsome', being the first company to do so, it claimed.