The Bombay high court on Monday granted relief to Hindustan Unilever limited and restrained emami from further legal proceedings against hul for using the trademark glow & handsome without giving a seven day preceding written notice to the plaintiff.
The court prima facie noted that the statements made on behalf of the defendant emami in newspaper amounts to threat against and no prejudice would be caused to emami if limited relief is granted.
HUL filed the suit under section 142 of trade marks act,1999 seeked injunction to restrain emami from issuing groundless threats in respect to the use of trademark glow & handsome.
Advocate hiren kambod submitted that after conducting a search in the register of trademarks and the plaintiff independently adopted and coined the trademark glow & lovely and glow& handsome in respect to its beauty care products.
It added that they have already launched their brand emami glow & handsome on digital platforms and necessary application has already been made to the relevant authorities.
The company also said that it is not surprised to note hul’s unfair business practice, which has been in view time and again to damage emami’s brand image.
The court also directed emami to give hul seven days prior written notice prior before legal proceedings and the date has been extended till 27 July.