The Delhi High Court has officially declared Nutella, the popular hazelnut cocoa spread manufactured by Ferrero SpA, as a ‘well-known trademark’, ruling in favour of the Italian confectionery company in a trademark infringement case.
As per media reports, the Court observed that Nutella enjoys widespread recognition not just in India but across the globe. It also took into account that the brand has been recognised as a ‘well-known trademark’ by international trademark authorities.
The case was filed by Ferrero SpA against a company accused of manufacturing, supplying, and selling counterfeit Nutella products using identical trademarks, labels, and packaging. The Court expressed concern over the public health risks such counterfeit goods could pose, particularly because they are edible products consumed by a wide demographic, including children.
As per media reports, the Court stated: “Since the counterfeit products of the defendant under the very same trademark of the plaintiffs ‘NUTELLA’/ are available in the open market, without any checks and balances with ease, the same needs to be regulated as it can be harmful for human consumption. If not stopped, the same can cause serious public harm. This can also result in dilution of the long-standing reputation and goodwill of the plaintiffs.”
The Court has permanently restrained the defendant from manufacturing or selling the infringing goods and ordered the payment of Rs 30 lakh in damages and Rs 2 lakh in legal costs to Ferrero.
