The High Court in Delhi officially declared Nutella, the popular spread of cocoa of hazelnuts, as a “known trademark” and observed that the brand has widespread recognition not only in India but worldwide.
“There is no shadow that the applicants are well introduced in markets around the world and are not mere operators flying at night. Their registered trademarks ‘Nutella’/ and its variants are recognized worldwide, including but not only limited to India.”
The court also took into account that Nutella has already been recognized as a “known trademark” of the world organization of intellectual property (WIPO) and the International Trademark Association.
The judgment came to Ferrero Spa, an Italian confectionery company for Nutella, against a company accused of breach of the trademark.
According to the accused of reported companies Livelaw, the defendant was involved in the production, supplies and sale of counterfeit Nutella products that carried the same trademarks, labels and business dresses as the original Ferrero.
The court, which decided in favor of Ferrero, expressed concern about the risks of public health that represents such counterfeit goods, especially because they are edible products consumed by a wide demographic group, including children.
“Given that counterfeit products of the defendant under the same plaintiffs“ Nutella ”/ are available in the open market, without any control and light -borris, it should be regulated because it can be harmful to human consumption. If it is not stopped, it can also cause serious public damage.
“Payment £30 lakh for damage, £2 Lakh in Nutella’s cost ‘
The court stated that it owes to a higher degree of care and caution in solving edible items for human consumption and applies a stricter standard to prevent any possibility of confusion between the general public between different food products. As a result, the court permanently limited the defendant company from the production or sale of counterfeit Nutella and ordered payment for payment £30 lakh for damage and £2 Lakh in Nutella costs.
(Tagstotranslate) nutella
