Delhi HC Declares ‘Nutella’ a Well-Known Trademark

Delhi HC Declares ‘Nutella’ a Well-Known Trademark

The Delhi High Court has officially declared Nutella a well-known trademark in India, recognising its global reputation, distinctive packaging, and strong connection with consumers.

The ruling came in a trademark infringement case filed by Ferrero SpA—the company behind the iconic hazelnut cocoa spread—against a Thane-based business accused of selling counterfeit Nutella products.

Justice Saurabh Banerjee, who delivered the verdict, said Ferrero had met the legal test under India’s Trade Marks Act to have Nutella recognised as a well-known brand. He noted that Nutella has been sold globally since 1964 and in India since 2009, and that its name, look, and popularity made it instantly recognisable.

“Thanks to years of use, marketing, and its unique packaging, ‘Nutella’ has become a household name,” the Court observed.

The case stemmed from a 2021 raid by the Maharashtra Food and Drug Administration, which uncovered nearly 10 lakh counterfeit Nutella jars and about 4 lakh fake labels and packaging components. Ferrero alleged that MB Enterprises, the company behind the fakes, was not only copying the Nutella name but also imitating its entire packaging design—posing serious risks to consumers, especially children.

Despite receiving a legal notice, the defendant did not respond or appear in court. As a result, the case proceeded without their participation, and the court granted Ferrero a summary judgment. Along with recognising Nutella as a well-known mark, the court awarded ₹30 lakh in damages and issued a permanent injunction to stop further misuse of the brand.

Justice Banerjee also flagged public safety concerns, stating that counterfeit food products can be dangerous, especially when targeted at children.

“If not stopped, this kind of counterfeiting can cause serious public harm,” the judge remarked, stressing the need for strict action.

Ferrero was represented by a legal team from Anand & Anand, including advocates Pravin Anand, Vaishali R Mittal, and Shivang Sharma. The company said the ruling not only protects its brand in this case, but will help in future enforcement against copycats trying to ride on Nutella’s popularity

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