Interim Relief To Emami In Fair & Handsome Trademark Infringement Case Against HUL

The Calcutta High Court has issued an interim order prohibiting Hindustan Unilever from using the name 'Glow and Handsome', which contained an essential component of Emami's Fair and Handsome trademark. The court stated, "Of all the available names, HUL intentionally chooses as part of its name which is also a prominent, essential and leading feature of its competitor’s mark," 

Even though the packaging is different, cautious buyers might only remember the word 'Handsome', and they are "likely to be deceived by the misleading indicia 'Handsome' and this has now been intentionally made a cause for confusion and deception," the court order stated, adding that HUL purposefully chose to select the key feature of Emami's product.

The court further mentioned that Emami's company and goodwill would undoubtedly suffer as a result of the deception.

The selection of the term 'Glow and Handsome' has an element of unfair exploitation of a key, conspicuous and fundamental characteristic of the petitioner's mark that deceives or is likely to deceive. It is not legal for someone to represent another person's goods. The competitor 'free rides' as a result. It is impossible to distinguish acceptable and unacceptable free riding. "Every 'free riding' is unjust," the court declared.

The presiding judge, thus, said that Emami had a strong prima facie case and the 'balance of convenience' was strongly in its favour.

Upon hearing what both parties had to say, the court decided to give Emami interim relief in the matter.