The Calcutta High Court has recently issued an interim order restraining Hindustan Unilever (HUL) from utilising the mark “Glow and Handsome,” citing its striking resemblance to the core element of Emami’s trademark “Fair and Handsome” [Emami v. Hindustan Unilever]. The order was made available on the official website of Bar and Bench.

Upon inquiry, HUL responded, stating, “The Calcutta High Court has issued an injunction order for passing-off after nearly four years in a lawsuit brought by Emami. We are currently reviewing the order and will take appropriate action.”

Justice Ravi Kapur, presiding over a single bench, declared, “Considering that the respondent has already introduced its product, they are given one month to comply with this order by taking necessary measures.”

Responding to the judgment, HUL reiterated, “We are in the process of evaluating the order and will respond accordingly.”

The court’s order elaborated, “By selecting the term ‘Glow & Handsome,’ there is also an element of leveraging an integral, prominent, and fundamental aspect of the petitioner’s mark, which could mislead or is likely to mislead. No entity has the right to represent another’s goods, and in doing so, the competitor exploits the established reputation, taking undue advantage.”

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