HINDUSTAN UNILEVER LIMITED Vs. EMAMI LIMITED AND OTHERS

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India is directed against an order dated June 25, 2018 passed by the Additional District Judge, First Court at Serampore, District: Hooghly in Miscellaneous Appeal No. 40 of 2018, whereby the petitioner's prayer for ad interim stay of operation of an ad interim injunction order dated June 19, 2018, was refused.

(2.) The facts of the case, in a nutshell, are as follows:

(3.) The plaintiff/opposite party no. 1, EMAMI LIMITED, owns a product "FAIR AND HANDSOME" and has a trade mark in the same name, which was registered in the year 2005. On the other hand, the first defendant/petitioner, namely, HINDUSTAN UNILEVER LIMITED, owns a product by the name of "Men's Fair & Lovely". Apparently the opposite party no. 1 introduced a brand "Fair & Lovely" many years back. The said product underwent several changes in name and look and ultimately was re-launched in 2018 under the brand name "Men's Fair & Lovely". Both the products are fairness creams.