The High Court of Bombay has refused any interim relief to Emami over its trademark dispute with Hindustan Unilever. Emami had moved the court to restrain HUL from using “Glow & Handsome” for its fairness creams. HUL had dropped the use of “Fair & Lovely” for its creams after popular uproar over the negative implications of such a usage.

Emami’s contention was that its product “Fair and Handsome” is already quite popular among men and the usage of the trademark by HUL will dilute the brand built by them. In addition, Emami had threatened legal recourse as it had launched “Glow & Handsome” just one week before HUL. However HUL said it had applied for the trademark before Emami.

After hearing preliminary arguments on 6 July, the court had observed that prima facie it did look like HUL was the primary adopter as it had filed its trademark application first in September 2018 and subsequently on 25 June 2020. However, the court also averred that the merits of the argument of HUL and Emami could only be judged after hearing both sides.

HUL’s earlier application in 2018 had been denied by the Controller General of Patents and Trademarks. HUL had again applied for the trademark on 25 June.