Delhi High Court Declares 'Nutella' As Well-Known Trademark, Says It Is Recognized All Across The Globe
The Delhi High Court has declared “Nutella”, a popular hazelnut cocoa spread, as a well known trademark, saying that it is recognized all across the globe and not just India. “This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly by night operators. Their registered trademarks 'NUTELLA'/ and its variants are...
The Delhi High Court has declared “Nutella”, a popular hazelnut cocoa spread, as a well known trademark, saying that it is recognized all across the globe and not just India.
“This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly by night operators. Their registered trademarks 'NUTELLA'/ and its variants are recognised all across the globe, including but not limited to India,” Justice Saurabh Banerjee said.
The Court noted that Nutella has been declared as 'well-known trademark' by the World Intellectual Property Organization and the International Trademark Association.
“In view of the aforesaid, this Court has no hesitation in declaring the trademarks 'NUTELLA'/ of the plaintiffs as 'well- known trademark' respectively under Section 2(zg) of the Act,” it added.
Justice Banerjee decreed the suit filed by Ferroro Spa, the company which makes Nutella, against an entity alleging trademark infringement.
It was alleged that the defendant company was manufacturing, supplying, distributing and selling large quantities of counterfeit 'NUTELLA' products bearing an identical trademarks, labels, and trade dress of Ferroro Spa.
Ruling in favour of Nutella, the Court observed that the acts of the defendant raised alarming bells as the product involved was edible item, which is consumed by all sections of society, especially children.
“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 said.
It added that while dealing with edible items for human consumption, the Court owes a duty of exercising a greater degree of care, caution as also to apply a more stringent test to avoid any possibility or likelihood of confusion between different edible products amongst the general public.
The Court permanently restrained the defendant company from manufacturing or selling counterfeit Nutella products. It further directed the defendant to pay Rs. 30 lakh as damages and Rs. 2 lakh as costs to Nutella.
Title: FERRERO SPA & ORS v. M.B. ENTERPRISES
Citation: 2025 LiveLaw (Del) 893