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McDonald’s Big Mack Suit Against Hungry Jack’ Big Jack, Rajasthan Royals Partners with APIS Honey and more
McDonald’s big mack suit against hungry jack’ big jack, Captain Morgan forays into food, Messi triumphs over ‘Massi’ and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel.
INDIAN TRADEMARK UPDATES
Bombay High Court Grants Temporary Injunction Against Emami
In a recent case concerning the marketing and sale of skincare cream ‘Glow and Handsome’, the Bombay High Court passed a temporary injunction restraining FMCG producer Emami from using the same. The dispute first arose after Hindustan Unilever (HUL) changed the name of its product ‘Fair and Lovely’ to ‘Glow and Lovely’ for women, and ‘Glow and Handsome’ for men, in June 2020. HUL subsequently filed a suit to prevent Emami from using the name ‘Glow and Handsome’ for its products, as HUL had applied for the same trademark, and had already received permissions from the Food and Drug Administration (FDA) to change the name of its products in 2018. Emami contested these arguments, claiming that it was the proprietor of the trademark “Fair and Handsome”, and as such, HUL should not be allowed to market a product with the name “Glow and Handsome”, which would be confusingly similar. The Bombay High Court, however, awarded interim relief to HUL, and has ordered Emami not to use the ‘Glow and Handsome’ trademark until the final disposal of the case.
Citation: Hindustan Unilever Limited vs Emami Limited [LD/VC/IA/203A/2020 IN LD/VC/203/2020]
INTERNATIONAL TRADEMARK UPDATES
Epic Games’ Fortnite in Trouble Over Coral Castle
Epic Games, the developer of the popular online multiplayer game ‘Fortnite’ is facing a trademark infringement suit by Coral Castle (CC), a Florida corporation that owns the trademarks to a tourist attraction named ‘Coral Castle’ in Florida. The suit filed in the Miami Federal Court, US, was instituted by CC when Epic Games included an in-game fictional location called Coral Castle. The virtual Coral Castle which appears in the Fortnite game, features castle-like structures and stone objects, which are similar to the actual Coral Castle in Florida. The contention of CC is that Epic Games has caused harm to it by utilising the trademarks and the goodwill associated with the landmark, in order to spur in-game purchases. CC has also contended that such usa