‘Nutella’ Earns Well-Known Mark Status in India, Ferrero Wins Infringement Suit

In a significant development for brand protection and consumer rights, the Delhi High Court has officially declared ‘Nutella’ a well-known trademark under Indian trademark law. The ruling came in the case of Ferrero SpA v. MB Enterprises, and marks a major win for the Italian confectionery giant Ferrero SpA, which owns the globally renowned hazelnut cocoa spread brand.

Justice Saurabh Banerjee delivered the judgment while granting relief in a trademark infringement suit against MB Enterprises, a Thane-based entity caught producing and distributing counterfeit Nutella products. The Court also granted Rs 30 lakh in damages to Ferrero and issued a permanent injunction restraining the defendant from any further infringement.

🔹 Recognition as a Well-Known Mark

The Court found that Ferrero had successfully met the test under Section 2(zg) of the Trade Marks Act, 1999, which defines criteria for a trademark to be considered "well-known." The judgment noted Nutella’s global presence since 1964 and its consistent availability in the Indian market since 2009, alongside extensive marketing and distinctive trade dress.

“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 plaintiffs have been able to cross the threshold,” the Court stated.

The ruling also referenced recognitions by WIPO (World Intellectual Property Organization) and the International Trademark Association, further affirming Nutella’s status as a transborder brand of iconic stature.

🔹 Counterfeit Operation Busted

The case stemmed from a 2021 raid by Maharashtra’s Food and Drug Administration (FDA), which uncovered an elaborate counterfeiting racket. Authorities seized over 9.5 lakh counterfeit units and nearly 4 lakh packaging components, including jars and labels closely mimicking the Nutella brand.

Despite receiving court summons, the defendant failed to respond or appear in court, prompting the matter to proceed ex parte. The Court granted summary judgment in Ferrero’s favour.

🔹 Public Health and Consumer Harm

Justice Banerjee observed that the counterfeit operation was not only a trademark violation but also posed grave risks to public health, particularly for children, who are the primary consumers of Nutella.

“If not stopped, the same can cause serious public harm… The aspect of due diligence and circumspection is necessary,” the Court warned.

🔹 Legal Significance

This judgment sets an important precedent in India by:

Recognizing transborder reputation and global goodwill as part of well-known mark recognition.
Imposing strict penalties for counterfeiting involving food products.
Reinforcing that inaction by the defendant does not prevent courts from taking strong protective measures.

The ruling also strengthens the legal arsenal available to brand owners facing rampant counterfeiting in India, especially in sectors like FMCG and food where consumer safety is directly at stake.

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