Robert
Reich said, “If a certain action improves the corporation’s bottom line,
there’s no point in labelling it “socially responsible”. It is just good
business.”
In the
beginning of the year 2020, we witnessed a major upheaval in our lives, which
could not have been fathomed otherwise. While the pandemic caged millions in
their own homes, one tragedy- the murder of George Floyd by a Minneapolis Police
Official, brought people to the streets for the cause of justice.
The tremors
of the movement were undeniable, and were felt across the globe, eliciting a
response from all major corporate players. In that first week, we saw
corporations and brands quickly release a statement against racism. As the
protests continued into the second week, more companies took actions that were
in consonance with their previous statements.
While
PepsiCo announced a five-year, $400 million initiative that includes the goal
of increasing Black managerial representation by 30% and more than doubling
business with Black-owned suppliers, Airbnb launched “Project Lighthouse” in
partnership with civil rights organizations; which includes a team dedicated to
investigating and preventing discrimination on its platform through new
policies. Adidas, which also owns Reebok, committed itself to filling 30% of
new positions with Black or Latinx workers.
One
such “impactful” action that caught our eye was the rebranding of our most well-
known fairness cream brand, “Fair and Lovely”. Fair and Lovely, a brand
launched by Hindustan Unilever, an Indian subsidiary of multinational company,
Unilever, was launched in India, way back in 1975. The brand went on to become
one of the most popular creams country-wide.
The
brand, rested on century-old conventional thought about considering fairness
over dark or dusky complexion. Fair & Lovely has been catering to women
from India and various Asian and Western countries to give them a naturally
brighter complexion with the range of fairness creams.
Among
the most successful cosmetic brands by Hindustan Unilever till date, Fair &
Lovely was found to occupy around 80% market share in fairness cream category
in India, which also indicate the ever-present inclination of Indian women
towards making their complexions fairer. Without any harmful chemical or
bleach, Fair & Lovely offered visible fairness and reversible skin tone
which made it listed on 12th position by ACNielsen ORG-MARG as the Most
Trusted Brands of India. In 2004, Fair & Lovely was recognized as Super
Brand.
When in
2020, Hindustan Unilever announced that one of the most popular brands of
India, Fair & Lovely would now be rebranded as “Glow & Lovely”. The
announcement took huge notice amongst the masses and was lauded by them. Seldom,
did such masses realise the strategy behind such action.
A quick
study of the brand “Glow and Lovely” on the Ipindia Portal reveals that the new
brand name was thought of and sought protection under the Trademarks Act, 1999
(“the Act”), way back in 2018. While the brand has been battling the legal war
for registration, the same was not launched in public until the stage was set
post the protests in 2020. What is propagated as a reactive measure is nothing
but a sequential idea that received its launch at the right time.
The
announcement was made by the company after it was sure to get the registration
of the brand as a trademark by July, 2020. While the company made an
application to attain registration certificate by expedited means, on July 1,
2020, the announcement to rebrand fair & lovely was made on July 2, 2020.
The
brand has consequently opposed other rival companies to implement any such
similar changes by adopting to legal recourses such as filing oppositions, or
interlocutory applications to withdraw the acceptance of the applications
already made under the Act.
When
seen objectively, what seemed like a step towards a radical change, has come
out to be only a “cosmetic” one. The advertisements are like old wine in new
bottle, i.e., have experienced very little changes, which is nothing but of only
of the word fair being replaced by glow. Whilst the packaging, the
advertisement and everything have been modified accordingly, the notion of
beauty over brains remains the same.
(Personal Reference)
Marks and
Application Number |
Status |
GLOW &
LOVELY (WORD)
3938924
In the name of
HUL
|
Date of
Application: 07.09.2018 Refused on
14.10.2019 Request for
grounds of refusal: 18.10.2019 Response to
request: 22.10.2019 Review Petition:
02.12.2019 Hearing
scheduled for review: 18.02.2020; mark Refused TM-M for
expedited certificate: 01.07.2020 IPAB order: 28.08.2020
|
GLOW &
HANDSOME (WORD) 3938925
In the name of
HUL
|
Date of
Application: 07.09.2018 Refused on 26.07.2019 Request for
grounds of refusal: 26.08.2019 Response to
request: 17.09.2019 Review
Petition: ________ Hearing
scheduled for review: ________ TM-M for
expedited certificate: 01.07.2020 IPAB order:
28.08.2020
|
4534961
In the name of
HUL
|
Applied on: 17.06.2020 Current
Status: objected under section 9(1) and 11(1), ER issued on 03.08.2020, reply
not yet filed.
|
4544086 In the name of
HUL
|
Applied on:
25.06.2020 Accepted on: 10.08.2020 Interlocutory
Petition filed by Emami for withdrawal of Acceptance: 19.08.2020 Opposition
filed on: 03.09.2020, notice yet be dispatched. |
4544323 Glow and
Handsome
In the name of
Emami |
Applied on:
25.06.2020 Application
for Expedited Examination: 27.07.2020 Interlocutory
Petition filed by HUL for re- examination of Application: 07.08.2020 |
4564590 Glow Cream for
Men
In the name of
Emami
|
Applied on: 10.07.2020 Examination
Report: 05.08.2020 Reply to ER
16.09.2020 |
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