HINDUSTAN UNILEVER LIMITED Vs. EMAMI LIMITED

JUDGEMENT

(1.) Ia No. 12201/2018

(2.) The accompanying suit is filed by the plaintiff for permanent injunction, damages, infringement of the trade mark, disparagement and unfair trade practices. It is pleaded in the accompanying plaint that the plaintiff is aggrieved by the disparagement of the plaintiff's product "Fair & Lovely" by the defendant and infringement of its registered trade mark "Fair & Lovely" by the defendant through the impugned television commercial which is being aired on multiple TV channels on or from September 2018.

(3.) The case of the plaintiff is that it is India's foremost fast moving consumer goods company engaged in home and personal care products and food and beverages. It was established in 1933. It is pleaded that more than 50 years back, on the basis of market surveys and consumer insight, the plaintiff realized the need for developing a cream which not only takes care of the skin but also delivers skin lightening/fairness benefits. The plaintiff developed a technology to deliver skin lightening or in other words fairness benefits which technology was patented in various countries. The said patent technology was developed using the component "niacin". Further, Unilever developed a technology using "amide" and "niacin" i.e. "niacinamide" which is capable of delivering skin lightening benefits. The plaintiff had also applied for a patent for the same which was granted. Over the years, "niacinamide" became the most trusted active ingredients to be used in the personal care products as over the years the patents granted to the plaintiff group expired. Competition in the market led to development of formulations for personal care products to deliver skin lightening/fairness benefits. It is pleaded that majority of the products available in this category have "niacinamide" as an active ingredient. It is also pleaded that this ingredient "niacinamide" works in a similar manner on various skins including men's and women's skin with variable degree of efficiency. Hence, it is pleaded that it is common for male consumer to use fairness products available in the market without insisting for the products designed specifically for men. Hence, it is further pleaded that a large number of male consumers are using fairness products designed for men's as well as for women's skin.