Manisha Yadav
On 28 July 2025, the Delhi High Court officially recognised ‘Nutella’ as a well-known trademark under Indian trademark law & admitted its transborder reputation, iconic status, and strong consumer association.
The Court granted ₹30 lakh (3 million) in damages to Ferrero & issued a permanent injunction to prevent any further infringement on the Nutella trademark. Justice Saurabh Banerjee stated that Ferrero had successfully met the criteria under Section 2(zg) of the Trade Marks Act, 1999, which governs the recognition of well-known marks. He noted Nutella’s presence in the Indian market since 2009, alongside its global recognition dating back to 1964.
This landmark ruling proceeds from a trademark infringement suit filed by Ferrero SpA and its affiliates against MB Enterprises, which was apparently manufacturing counterfeit hazelnut cocoa spreads that closely copy Nutella’s packaging & branding. The false practices came to light following a raid executed by the Maharashtra Food and Drug Administration (FDA) in October 2021, which seized the counterfeit Nutella & its jars.
The Ferrero plaintiffs argued that trademark not only protect their rights in present but also provide protection against future infringement. The court said that if such counterfeiting causes serious public health risks among children, it misleads the consumer by brand name, or packaging.
Case Name: Ferrero SPA & Ors. V M.B Enterprises
Case Number: CS(COMM) 593/2021 & I.A. 36529/2024
Bench: Justice Saurabh Banerjee
Click here to access the order
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