The Bombay High Court has granted interim relief to Emami, a well-known fast-moving consumer goods (FMCG) company, in a trademark infringement case against Hindustan Unilever Limited (HUL). The case revolves around the trademark infringement of Emami’s “Fair & Handsome” trademark, which HUL allegedly used for its product, “Fair & Lovely”.
Emami, which owns the trademark for “Fair & Handsome” since 2013, claimed that HUL’s use of the similar phrase was causing confusion among consumers. In May 2020, Emami filed a lawsuit against HUL, seeking an injunction to stop the use of the trademark and damages for the alleged infringement.
In its interim order, the Bombay High Court has restrained HUL from using the name “Fair & Lovely” for its product, effectively halting use of the trademark. The court has also directed HUL to desist from knowingly or intentionally using any mark or trade name that is de facto or de jure identical or similar to the trademark “Fair & Handsome”.
This interim relief is seen as a significant victory for Emami, as it continues to fight to protect its intellectual property rights. The court’s decision will prevent further damage to Emami’s brand reputation and ensure that consumers are not confused between the two companies’ products.
The case is being closely watched by the Indian business community, as it has significant implications for the use of IP rights in the country. The verdict highlights the importance of trademark protection and the need for companies to take steps to prevent unauthorized use of similar marks.
Emami’s fight against HUL is not the first instance of such a dispute in the Indian FMCG sector. In recent years, there have been several instances of trademark infringement, leading to a surge in IP-related disputes. The case serves as a reminder for companies to carefully evaluate the potential risks of using similar marks and take necessary steps to protect their intellectual property.
The decision is also seen as a test case for the Indian IP system, as it will set a precedent for future trademark disputes. The outcome of the case will have far-reaching implications for Indian businesses, IP lawyers, and the legal community at large. As the battle between Emami and HUL continues, the court’s interim order has given Emami a strategic upper hand, allowing it to protect its brand reputation and maintain its market position.