Fairness Creams and Unfair Trade Allegations

Hindustan Unilever Ltd. (HUL), a leading FMCG company, has recently got an interim relief from the Bombay High Court, against Emami Ltd., India's skincare and healthcare company, in a conflict relating to trademarks. Recently, HUL re-branded its beauty products, "Fair and Lovely" and "Fair and Handsome" to "Glow and Lovely" and "Glow and Handsome" respectively. In the process, it has locked horns with Emami over "Glow and Handsome" as Emami alleges that HUL is involved in unfair trade practice for using the term "Glow and Handsome".

Emami claimed that "Glow and Handsome" was a part of its brand tagline and it used the term prior to HUL re-branding its beauty product. However, HUL filed a petition at the Bombay High Court seeking an interim injunction against Emami for providing a prior notice of seven days before initiating any legal proceedings. The Court after hearing the preliminary arguments has awarded an interim relief in favor of HUL by stating that, HUL prima facie appears to be the prior user of the term and Emami should give a prior notice of seven days before initiating any legal proceedings against the conflicting trademark.