The Bombay High Court has disposed of the plea filed by Emami that had sought to vacate the ex-parte order against it, under which the Kolkata-based firm was directed to give seven days prior notice to the Hindustan Unilever (HUL) before it files any case against the company to seek any relief in relation to the trademark ‘Glow & Handsome’.
Licensing Corner, is constantly following HUL, EMAMI Trademark Suit Over ‘Glow & Handsome’ Brand Name
However, the court has modified its earlier order of July 6 and has now directed Emami to give five days notice to HUL, if they choose to move for any interim relief in any other proceedings initiated in a civil court.
The maker of BoroPlus and Navratna had also sought court’s intervention to grant it similar relief where HUL should inform the company if it also approaches any other court against the company for any further relief.
On Tuesday, Justice BP Colabawalla, while passing the order observed that the case was filed by the HUL and not by the Emami and hence they cant get similar relief in the same case.
“If the defendant (Emami) wants to seek such reliefs against the plaintiff (HUL) herein, they are free to do so in the suit filed by the defendant before the Calcutta High Court and the Calcutta High Court will then decide the said contention on merits and in accordance with the law,” observed the court while passing this order.
Currently, Emami has also approached the Calcutta High Court against the HUL, to restrain it from using its trademark ‘Glow & Handsome’. The Kolkata-based Emami is selling its men’s grooming products under the brand ‘Emami Fair and Handsome’.
Earlier, on July 6, the maker of Surf Excel and Dove, HUL had approached the court against Emami to restrain it from allegedly ‘issuing groundless threats’ to it in respect of the use of its trademark ‘Glow & Handsome’.
Emami had in the first week of July said that it is evaluating legal action against HUL for renaming its men cream Glow & Handsome which sounds similar to the Kolkata-based company’s brand Emami Glow & Handsome.
Subsequently, the maker of Surf Excel and Dove, HUL had sought the court’s intervention to direct the Emami to give them seven days notice before approaching any court to seek any relief. The single bench had later allowed the prayer.
Senior Counsel Virag Tulzapurkar along with advocate Hiren Kamod appeared for HUL along with Vaibhav Keni of Legasis Partners in the case. While Emami was being represented by advocate Abhimanyu Bhandari and Sanjay Ginodia in the case.