Delhi High Court Declares ‘Nutella’ a Well-Known Trademark

In a significant ruling of Ferrero SPA v. MB Enterprises, the Delhi High Court has officially declared Nutella as a “well-known trademark” under Indian trademark law, citing its global reputation, iconic status, and deep-rooted consumer association. The judgment was delivered by Justice Saurabh Banerjee in the case Ferrero SPA v. MB Enterprises, and also awarded ₹30 lakh in damages to Ferrero SpA while issuing a permanent injunction against a Thane-based company for manufacturing and selling counterfeit Nutella products.

Ferrero SpA, the Italian manufacturer of Nutella, approached the Court seeking protection against the infringing activities of MB Enterprises, which was allegedly using identical packaging and branding to sell counterfeit hazelnut cocoa spreads. The issue came to light following a raid conducted by the Maharashtra Food and Drug Administration (FDA) in October 2021, which led to the seizure of nearly 10 lakh fake Nutella jars and packaging materials.

While the defendant failed to appear or contest the matter despite being served, the Court proceeded ex parte and granted summary judgment in favour of Ferrero.

The Court observed that Nutella had met the statutory threshold under Section 2(zg) of the Trade Marks Act, 1999, and highlighted the product’s presence in India since 2009 and globally since 1964. It also noted that Nutella had received recognition from international bodies like WIPO and the International Trademark Association.

“By virtue of its long-standing use, extensive marketing, and unique trade dress, ‘Nutella’ has become synonymous with a thick creamy hazelnut cocoa spread,” the Court remarked.

Justice Banerjee stressed that the mala fide actions of MB Enterprises not only infringed on Ferrero’s intellectual property rights but also posed a serious health risk, especially to children, by distributing counterfeit food products.

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

Ferrero’s legal representatives argued that formal recognition as a well-known trademark was essential not just for the current case, but also for strengthening Nutella’s legal protection against future infringements.

This decision is expected to bolster trademark enforcement in India and reaffirm judicial commitment to protecting internationally reputed brands from counterfeiting and consumer deception.