THE CASE
In August 2025, the Delhi High Court officially recognized Nutella as a Well-Known Trademark in India.
The decision came after Ferrero filed a lawsuit against MB Enterprises (Thane) for selling counterfeit Nutella jars — discovered in a 2021 raid by the Maharashtra FDA.
The Court found that the packaging, labels, and trade dress were identical, creating serious risks for consumer safety and brand confusion.
WHY IT MATTERS
✔ Nutella has maintained uninterrupted use in India since 2009.
✔ Its global reputation since 1964 and significant advertising investment earned it recognition as a well-known mark.
✔ The decision strengthens the link between trademark protection and consumer safety, especially in the food sector.
OUTCOME
🏛 Declared a Well-Known Trademark under Indian law.
💰 Awarded Rs 3 million in damages and Rs 200,000 in costs.
⛔ Permanent injunction against counterfeit use.
This case reinforces India’s commitment to protecting global brands and combating counterfeiting through strong judicial enforcement.
EXY IP INSIGHT
Nutella’s victory shows how consistent brand presence + consumer trust can help secure well-known status — an invaluable asset in global IP strategy. For brand owners, it’s a reminder to:
✅ Document use and recognition evidence.
✅ Act promptly against counterfeits.
✅ Prioritize consumer safety as part of IP protection.
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