LAWS(CAL)-2020-7-7

EMAMI LIMITED Vs. HINDUSTAN UNILEVER LIMITED

Decided On July 07, 2020
EMAMI LIMITED Appellant
V/S
Hindustan Unilever Limited Respondents

JUDGEMENT

(1.) Leave had been given to learned Counsel appearing for the plaintiff for presenting the plaint at 2 p.m. today.

(2.) The suit is for restraining the defendant from using the mark "HANDSOME" and/or "GLOW & HANDSOME" for grooming products for men. The defendant's mark is "FAIR AND HANDSOME". The plaintiff claims ownership of its mark and hence seeks to institute the suit upon the plaint being presented under the Code of Civil Procedure.

(3.) Learned Senior Counsel appearing for the plaintiff hands up an order passed by a learned Single Judge of the High Court of Judicature at Bombay in a Commercial suit of 2020 ( LD/VC/IA/1/2020 IN LD/VC/144/2020 - Hindustan Unilever Limited vs. Emami Limited ) which is a suit filed by the defendant herein against the plaintiff wherein an order of injunction was passed yesterday i.e. on 6th July, 2020. Counsel claims that the plaintiff herein was served with the order passed in Bombay High Court after the plaint had been finalized for filing.