The Calcutta High Court has issued a temporary injunction favoring Emami, a prominent FMCG company headquartered in Calcutta. This injunction prohibits Hindustan Unilever Ltd (HUL) from utilizing the brand name 'Glow & Handsome'.

After being convinced by the prima facie case presented by Emami, the court has granted a one-month period for the Indian subsidiary of the British multinational company to adhere to the order.

Emami took legal action against HUL shortly after the multinational launched its fairness cream for men in 2020. Following extensive submissions of voluminous affidavits by both parties' counsels, the court issued the interim order on Tuesday.

In his judgment, Justice Ravi Krishan Kapur stated, 'The petitioner has successfully established a strong prima facie case regarding passing off. The balance of convenience strongly favours granting the orders as requested by the petitioner.'

Emami refrained from providing a direct comment on the judgment. However, Shwetank Ginodia, a partner at R. Ginodia & Co. and counsel for Emami, stated, "We are pleased that the court has granted Emami's application for an interim injunction against HUL. This decision vindicates Emami's stance that HUL engaged in passing off."

In response to the judgment, a lawyer for HUL stated, "The Calcutta High Court has issued an injunction order for passing off after nearly four years in a suit brought by Emami. We are currently reviewing the order and will take appropriate action."

Since its launch in 2005, Fair & Handsome has established itself as the market leader in its category, capturing a significant 65% share and generating close to Rs 150 crore in annual revenue for Emami. The company claimed that HUL rebranded its men's skin cream from 'Men's Fair & Lovely' to 'Glow and Handsome'. Emami promptly challenged HUL over the use of the mark and filed a lawsuit for infringement and passing off.

Emami asserted that 'Glow and Handsome' is "deceptively similar" to their registered mark. However, HUL countered this claim by arguing that the term 'Handsome' is "purely descriptive" and lacks distinctiveness.

“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 can be disregarded. In choosing the word ‘Glow and 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,” the judgment read

Justice Kapur granted HUL a month to comply with the order, considering that HUL's product is already available in the market.

While Ranjan Bachawat, senior advocate, appeared for Emami, HUL was represented by senior advocates S.N. Mookherjee, Ratnanko Banerjee and Arunabha Deb, among others.