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Delhi HC declares Nutella a 'well-known trademark' under Indian trademark law
The declaration came as part of a broader ruling against Thane-based MB Enterprise, which was found to be manufacturing and distributing counterfeit Nutella products using identical packaging, labels, and trademarks.
Ferrero SpA, in its suit, argued that the judicial recognition of Nutella’s well-known status was critical to protecting its brand integrity. (Image: Unsplash)
The Delhi High Court has officially recognised 'Nutella' as a well-known trademark under Indian law, delivering a powerful verdict in favour of Italian confectionary giant Ferrero SpA in a counterfeiting case, as per a LiveLaw report.
The judgment, delivered by Justice Saurabh Banerjee, declared that Nutella has crossed the threshold of brand distinctiveness and consumer association required under Section 2(zg) of the Trade Marks Act, 1999.
The declaration came as part of a broader ruling against Thane-based MB Enterprise, which was found to be manufacturing and distributing counterfeit Nutella products using identical packaging, labels, and trademarks.
"The plaintiffs have been able to cross the threshold… By virtue of its long-standing use, extensive marketing, and unique trade dress, ‘NUTELLA’ has become synonymous to a thick creamy hazelnut cocoa spread," the Court noted in the report, highlighting Nutella's market presence in India since 2009 and its global roots dating back to 1964.
As part of the judgment, the Court imposed Rs 30 lakh in damages on the counterfeiter and issued a permanent injunction restraining any further infringement.
The ruling followed a 2021 raid by the Maharashtra FDA, which led to the seizure of over 9.5 lakh counterfeit Nutella units and 4 lakh packaging components, exposing the scale and audacity of the imitation operation.
As per the report, Ferrero SpA, in its suit, argued that the judicial recognition of Nutella's well-known status was critical to protecting its brand integrity not just in this case, but also as a legal precedent for future enforcement across Indian markets.
The Court agreed, emphasizing the serious public health risks posed by the counterfeit goods - especially in children - and the mala fide intent of the defendants to deceive consumers.
Despite service of summons, MB Enterprises failed to appear or file a defence, prompting the Court to proceed ex parte and grant Ferrero's request for a summary judgment, the report added.
Justice Banerjee added, “If not stopped, the same can cause serious public harm… The aspect of due diligence and circumspection is necessary.”