Ending a long legal battle, FMCG giant Hindustan Unilever (HUL) and US-based Gillette Company have settled a trademark dispute over 7’O Clock label, with or without the device of Sun, out of court amicably.
HUL had locked horns with Gillette, saying its Sun or Sunlight mark series will be affected by latter’s 7’O Clock label with Sun device.
Under the settlement agreement, Gillette, the registered owner of the mark, will amend the specifications of goods under 7’O Clock label to perfumes, cosmetic products related to shaving, non-medicated toilet preparation for use before, during and after shaving, dentifrices, deodorants for personal use, anti-perspirants and depilatory preparations and materials.
After reaching the settlement, both the companies approached the Intellectual Property Appellate Board (IPAB) informing about the settlement.
HUL had filed an appeal before IPAB against the order passed by the deputy registrar of trademarks, Mumbai, which granted the trademark 7’O Clock to Gillette in Class 3, dismissing its opposition in 2009.
Ever since both have been fighting the case at the tribunal. Class 3 includes perfumery, essential oils, cosmetics, hair lotions and dentifrices, among others.
Recording the statement by HUL counsel MS Bharath, the IPAB bench of Justice KN Basha, chairman, and Sanjeev Kumar Chaswal, technical member-trademark, disposed of the appeal.
“We are of the view that it is suffice for us to record the terms of settlement dated May 22, 2015, and dispose of the appeal,” the IPAB bench said.