In a significant win for global brand protection, the Delhi High Court has officially recognised Nutella as a "well known trademark" in India. The decision comes after Ferrero S.p.A., the Italian maker of the popular hazelnut cocoa spread, filed a suit against a Maharashtra-based company for selling counterfeit products using similar packaging and branding.
In its ruling, the Court not only acknowledged Nutella’s global and Indian presence but also awarded Rs.30 lakh in damages to Ferrero. A permanent injunction has been issued against the defendant, restraining them from using any branding, packaging, or trade dress deceptively similar to Nutella.
Background
Nutella has been a household name in India for years, with strong brand recall and consumer loyalty. Ferrero argued that the infringing products created confusion in the market and diluted the brand'sdistinct identity. The Court agreed, highlighting Nutella's long-standing market presence, consistent advertising, and consumer recognition as key factors in granting it “well-known” status under the Trade Marks Act, 1999.
This recognition means that Nutella now enjoys expanded protection in India, even in unrelated categories of goods and services a rare and powerful legal safeguard.
LegalAdvisory
Ferrero’s legal team relied on extensive evidence of brand usage, reputation, and the likelihood of consumer deception. The Court accepted these arguments and found the imitation by MB Enterprises to be deliberate and harmful to Ferrero’s brand equity.
LegalSignificance
Being declared a “well-known trademark” provides Nutella with one of the highest levels of protection under Indian trademark law. This status ensures that no other business, even in different product categories, can use the Nutella name or similar branding in a way that could mislead consumers.
Implications
The judgment sends a strong message to counterfeiters and brand impersonators operating in India. It underscores the importance of respecting intellectual property and shows that Indian courts are willing to take decisive action to protect both international and domestic brands.
For Ferrero, this ruling not only protects its business interests but also reinforces its commitment to delivering trusted, original products to Indian consumers. For the larger legal and business community, the decision marks a notable moment in India’s evolving approach to trademark enforcement and brand protection.