The Delhi High Court has officially declared Nutella a well-known trademark, the popular hazelnut cocoa spread, as a ‘well-known trademark’, observing that the brand enjoys widespread recognition not just in India but across the globe.

“This leaves no shadow of doubt that plaintiffs are well established in the markets all across the globe and are not mere fly-by-night operators. Their registered trademarks ‘NUTELLA’/ and its variants are recognized all across the globe, including but not limited to India,” LiveLaw quoted Justice Saurabh Banerjee in his ruling.

The Court also took into account that Nutella had already been recognized as a ‘well-known trademark’ by both the World Intellectual Property Organization (WIPO) and the International Trademark Association.

Nutella a well-known trademark

The judgment came in response to a suit filed by Ferrero SpA, the Italian confectionery company behind Nutella, against a company accused of trademark infringement.

According to the allegations reported by LiveLaw, the defendant was engaged in the manufacture, supply, and sale of counterfeit Nutella products that bore identical trademarks, labels, and trade dress to that of Ferrero’s original.

Ruling in Ferrero’s favour, the Court expressed concern over the public health risks posed by such counterfeit goods, particularly because they are edible products consumed by a wide demographic, including children.