Calcutta HC bars HUL from using ‘Glow & Handsome’ mark
Mint. According to the order, Emami has been able to make out a strong prima facie case on merits insofar as the matter of passing-off is concerned.
In 2020, HUL changed the name of its skin care brand from ‘Fair & Lovely’ to ‘Glow & Lovely’, after deciding to drop the word ‘fair’ from its brand of personal care products to make it more inclusive. Subsequently, its men’s range was renamed ‘Glow & Handsome’.
Emami’s Fair & Handsome was originally launched in 2005, a year before HUL’s entry into the segment. Till financial year 2020, Fair & Handsome reported total sales of over ₹2,430 crore.
Emami has spent over ₹400 crore since 2005 to advertise and market the brand. “The registrations in favour of the mark ‘Fair and Handsome’ are long prior to the respondent’s adoption and use of the infringing mark ‘Glow and Handsome’.
Admittedly, both the rival products are in the same class of goods. The petitioner also alleges to be the market leader having more than 65% of the share in the men’s fairness cream segment," according to the order.Milestone Alert!
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