The Delhi High Court has officially declared Nutella, the globally renowned hazelnut cocoa spread by Italian confectionery giant Ferrero International SpA, as a well-known trademark under the Indian Trade Marks Act, 1999. The ruling strengthens the brand’s legal protection in India and comes amid a crackdown on counterfeit versions of the popular spread.
Justice Saurabh Banerjee, in an ex parte order, recognised Nutella’s longstanding presence, extensive market visibility, and distinctive packaging as qualifying criteria for the special trademark status. The court noted that Nutella has been sold globally since 1964 and has held valid trademark registrations in India since 1975. Its presence in the Indian market was highlighted as early as 2014, marking over five decades of brand familiarity among Indian consumers.
The judgment was issued in response to a trademark infringement suit filed by Ferrero and its affiliates against MB Enterprises, a Thane-based firm accused of manufacturing and selling counterfeit Nutella products. A 2021 raid conducted by the Maharashtra Food and Drug Administration uncovered nearly 10 lakh counterfeit jars and packaging materials that closely mimicked Ferrero’s branding and labels.
The court stressed that counterfeit food products, especially those targeted at children, pose a serious threat to public health. It was observed that the imitation goods carried a clear intent to deceive consumers and violate Ferrero’s intellectual property rights.
“If not stopped, the same can cause serious public harm… The aspect of due diligence and circumspection is necessary,” the court noted.
M.B. Enterprises and its associates have been permanently restrained from manufacturing, distributing, or dealing in counterfeit Nutella products or any other goods deceptively similar to Ferrero’s trademarks. The company has been ordered to:
· Pay ₹30 lakh in damages to Ferrero
· Contribute ₹2 lakh to the Delhi High Court Bar Association Lawyers’ Social Security and Welfare Fund
The court underscored that continuing such infringement would cause confusion among consumers and erode the brand’s established goodwill and reputation.
Ferrero’s legal victory is supported by its significant investment in brand building in India. The company spent ₹3 crore, ₹7 crore, and ₹16 crore on promotional activities in FY21, FY22, and FY23, respectively. Over the same period, it recorded gross sales of ₹233 crore, ₹145 crore, and ₹106 crore in the Indian market.
“This leaves no shadow of doubt that the plaintiffs are well established in the markets all across the globe and are not mere fly-by-night operators,” the court said.
Nutella’s recognition as a well-known trademark strengthens its legal armour against counterfeiting and reinforces the importance of protecting consumer trust in global food brands operating in India.