In the last few years people start speaking about the unequal treatment and false promises of the fairness creams businesses. That also affects the profits of the most recognized fairness cream brand that is Fair and Lovely. This is probably the first well known fairness cream in the market. Its advertisement also shows that it makes the people fair in weeks. After so much negativity among the people this brand decided to change its name from Fair and Lovely to Glow and Lovely. But when it does the same its biggest competitor starts protecting against the same and that is how the Fair and Lovely trademark dispute begins. In this article or blog post, we’ll talk about the Fair and Lovely trademark dispute in detail.
Journey From “Fair and Lovely” to “Glow and Lovely”
Some of the key points of the journey of Fair and Lovely to become Glow and Lovely are highlighted here in order to understand the Fair and Lovely trademark dispute:
- Hindustan Unilever (HUL) decided to change the name of its skincare product Fair and Lovely to address evolving perceptions of beauty.
- The new name, “Glow & Lovely,” was selected to indicate a change toward a more positive and inclusive definition of beauty.
- The rebranding aimed to move away from the traditional emphasis on fairness and align with a broader and diverse concept of glowing skin.
- HUL communicated that the change was part of its commitment to promoting a more inclusive vision of beauty for all skin types.
- The rebranding was not only limited to the product name but also included adjustments in product formulations and marketing strategies.
- Emami, the maker of skincare product “Glow & Handsome,” raised a legal challenge, asserting trademark infringement due to perceived similarities in names.
Why is Emami Protesting Against the Fair and Lovely?
Emami, the maker of “Glow & Handsome,” claimed that HUL’s change from Fair and Lovely to Glow & Lovely was a trademark infringement and from here Fair and Lovely trademark dispute began. It argued that the term “Glow” in HUL’s new name was similar to their product’s name “Glow & Handsome,” causing confusion among consumers. Emami filed a lawsuit in response to the name change, seeking legal intervention to prevent HUL from using the term “Glow & Lovely.” The Kolkata High Court granted an injunction, temporarily restraining HUL from using the term “Glow & Lovely” until the matter was resolved.
Emami’s opposition aimed to protect the brand identity and market presence of their product “Glow & Handsome” from potential dilution or consumer confusion. Emami expressed concerns that the similarity in names might impact market competition, potentially diverting consumers from their product to HUL’s newly named product.
Understanding Fair and Lovely Trademark Dispute
Some of the key points of the Fair and Lovely trademark dispute are given below:
- Fair and Lovely, a popular skincare product, faced a trademark dispute initiated by Emami, alleging trademark infringement.
- Emami claimed that its product, “Glow & Handsome,” was being copied by Hindustan Unilever (HUL), the maker of Fair and Lovely.
- In response to the dispute, HUL rebranded Fair and Lovely as “Glow & Lovely” for its skincare range.
- Emami took legal action, asserting that the name change was insufficient and that it still infringed on their trademark.
- The Kolkata High Court granted an injunction against HUL, temporarily restraining them from using the term “Glow & Lovely.”
- HUL argued that the term “Glow & Lovely” was distinctive and different from Emami’s trademark.
- Both companies engaged in settlement discussions to resolve the dispute outside of court.
- Emami later withdrew the lawsuit after reaching an agreement with HUL, the terms of which included undisclosed changes to the packaging and promotion of both products.
- The resolution allowed both brands to coexist in the market, avoiding prolonged legal battles.
- The case highlighted the sensitivity of trademarks in the consumer goods sector and the importance of companies navigating such disputes carefully.
- The dispute did not significantly affect the market presence of either product, and both continued to be available to consumers.
- Consumers were still able to choose between Glow & Lovely and Fair & Lovely, ensuring market competition.
Benefits of Trademark Protection
The entire Fair and Lovely trademark dispute is related to the trademark infringement which got protected through trademark registration. Some of the key benefits of the trademark protection are mentioned below in the table:
| Benefit | Explanation | Example |
| Brand Recognition | Trademarks help in creating a distinct identity for products or services. | The unique Coca-Cola logo instantly identifies the brand. |
| Consumer Trust | Trademarks build trust, assuring consumers of consistent quality. | The Nike swoosh symbol signifies authenticity and quality. |
| Legal Protection | Trademarks provide legal rights, enabling legal action against unauthorized use. | Companies can sue for infringement if their trademark is used without permission. |
| Market Differentiation | Trademarks set products apart in the market, aiding consumer choice. | Dove and Lux are different brands of soap with unique trademarks. |
| Business Expansion | Trademarks facilitate expansion into new markets with a recognized brand. | McDonald’s is globally recognized, allowing easy entry into various countries. |
| Value Appreciation | Successful trademarks add value to the business over time. | Apple’s brand value contributes significantly to its overall market worth. |
| Exclusive Rights | Trademarks grant exclusive rights to use the mark in connection with specific goods or services. | Only PepsiCo can use the Pepsi logo for beverages. |
| Competitive Edge | Trademarks create a competitive advantage by building a unique market position. | Google’s brand gives it an edge in the technology sector. |
| Marketing Efficiency | Well-established trademarks reduce marketing efforts as the brand speaks for itself. | The McDonald’s arches are instantly associated with the brand. |
| Preventing Confusion | Trademarks prevent confusion among consumers, ensuring they can identify and choose desired products. | Colgate and Pepsodent are distinct trademarks in the toothpaste market. |
| Licensing Opportunities | Trademarks open avenues for licensing, allowing others to use the brand for a fee. | Disney licenses its characters for various products. |
| Long Term Investment | Trademarks serve as a long-term investment, contributing to a company’s stability. | The longevity of the Ford logo signifies its enduring brand strength. |
Conclusion
Fair and Lovely trademark dispute emerged when Hindustan Unilever decided to change its popular fairness cream’s name to Glow & Lovely. Emami, the maker of Glow & Handsome, raised concerns about trademark infringement, leading to a Fair and Lovely trademark dispute. The Kolkata High Court temporarily restrained Hindustan Unilever from using the new name. The dispute was eventually resolved through undisclosed agreements, emphasizing the importance of trademark protection. This case underscores how trademarks play a crucial role in brand recognition, legal protection, and market differentiation, ensuring fair competition and consumer choice in the beauty product sector.
