Trademark War: Hindustan Unilever Vs Ashique Chemicals Over Sunlight and SunPlus

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Details
Case Code:

CLMM098

Case Length:

4

Period:

Pub Date:

2011

Teaching Note:

NO

Price (Rs):

200

Organization:

Hindustan Unilever Ltd.

Industry:

Cosmetics & Toiletries

Country:

India

Themes:

Regulatory Environment,Ethics in Marketing

Abstract

This case study deals with the alleged trademark infringement. Hindustan Unilever alleged Ashique Chemicals and Cosmetics for infringing its trademark by using the word ‘Sun’ for its brand. Hindustan Unilever filed a case in Bombay High Court against Ashique Chemicals, stating that the words ‘Sun’, ‘Sunlight’ and ‘Sunsilk’ are its registered trademarks and branding one of Ashique Chemicals products as ‘SunPlus’ is illegitimate. However, interim application filed by Hindustan Unilever was dismissed on account of not using the word ‘Sun’ for thirty years. The case study helps in discussing conditions under which trademark proprietorship would cease and the reasons for dismissal of interim application filed by Hindustan Unilever.

Learning Objectives

The case is structured to achieve the following Learning Objectives:

  • To study validity of trademarks and circumstances that would amount to violation of trademarks
  • To understand the reasons behind dismissal of Hindustan Unilever’s interim application
Keywords

Trademark, Sunlight, SunPlus, Hindustan Unilever, Ashique Chemicals and Cosmetics, Thai Group

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