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KOLKATA: The Calcutta high court has asked FMCG giant HUL to remove ‘Glow & Handsome’ products from the shelves within a month’s time. The HC order comes following a petition from Emami about trademark infringement four years ago.
The Emami prayer sought a decree of perpetual injunction restraining HUL to advertise or sell Glow & Handsome products. When contacted, HUL responded that, “The court has issued an order of injunction for passing-off after almost four years in a suit filed by Emami.We are reviewing the order and will take appropriate action.”
A single bench of Justice Ravi Kapur said, “… 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.” The HC observed that a conscious and deliberate decision by a competitor in adopting a leading, prominent and essential component of a trade rival while seeking to change the name of its existing brand is not something which could be disregarded. “In choosing the word ‘Glow & Handsome’, there is also an element of taking unfair advantage of a leading, prominent and essential feature of the petitioner’s mark which deceives or is likely to deceive. Nobody has any right to represent the goods of somebody else. In doing so, the rival takes a ‘free ride’,” the order says.
The Emami prayer sought a decree of perpetual injunction restraining HUL to advertise or sell Glow & Handsome products. When contacted, HUL responded that, “The court has issued an order of injunction for passing-off after almost four years in a suit filed by Emami.We are reviewing the order and will take appropriate action.”
A single bench of Justice Ravi Kapur said, “… 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.” The HC observed that a conscious and deliberate decision by a competitor in adopting a leading, prominent and essential component of a trade rival while seeking to change the name of its existing brand is not something which could be disregarded. “In choosing the word ‘Glow & Handsome’, there is also an element of taking unfair advantage of a leading, prominent and essential feature of the petitioner’s mark which deceives or is likely to deceive. Nobody has any right to represent the goods of somebody else. In doing so, the rival takes a ‘free ride’,” the order says.
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