In a sharp, chocolate-slicked verdict, the Delhi High Court has officially crowned Nutella a “well-known trademark” in India, bringing down the legal hammer on a Maharashtra-based outfit caught flooding the market with fake hazelnut spreads. The judgment didn’t just affirm Nutella’s iconic status—it scorched the counterfeiter with a ₹30 lakh penalty and a permanent injunction.
The ruling was delivered in a suit filed by Ferrero SpA, the Italian confectionery giant behind the world’s most famous cocoa-hazelnut spread, against MB Enterprises, a Thane-based entity found peddling near-perfect knockoffs. The charade unraveled in 2021 when Maharashtra’s Food and Drug Administration raided a unit, unearthing a warehouse stocked with 9.5 lakh bogus jars and nearly 4 lakh packaging items mimicking Nutella’s signature look.
Justice Saurabh Banerjee, presiding over the case, observed that Nutella had passed the legal threshold under Section 2(zg) of the Trade Marks Act, 1999. With its roots tracing back to 1964 globally and a strong Indian presence since 2009, Nutella, the judge noted, had transcended brand status to become shorthand for the creamy indulgence it sells.
“Nutella has become synonymous with a thick creamy hazelnut cocoa spread… its marketing, trade dress, and consumer goodwill speak volumes,” the Court declared, also pointing to international recognition from WIPO and the International Trademark Association as added weight behind the brand’s claim.
The defendant, MB Enterprises, never showed up to defend itself, forcing the matter into an ex parte judgment. That worked in Ferrero’s favor, as the Court went ahead and granted a summary judgment.
But this was about more than just trademarks and trade dress. The Court flagged deeper concerns: the products, aimed squarely at unsuspecting consumers—especially children—posed real public health risks. It wasn’t just a case of brand theft, but one of deceit, bad faith, and potential harm.
“If not stopped, the same can cause serious public harm,” the judge warned, underscoring the necessity for vigilance and diligence in such matters.
In short, the verdict wasn’t just a win for Nutella’s global prestige—it was a loud message to counterfeiters: mess with brand legends at your own peril.
