One big piece of news is making headlines in India. On July 29, 2025, the Delhi HC announced that Nutella is a well-known trademark under Indian law. This decision came during a Nutella trademark case filed by Nutella’s maker, Ferrero, against a company accused of selling fake Nutella products in India. This trademark infringement case is a perfect example of how strong branding and global recognition can protect your business. Nutella’s global reputation played a key role in the Delhi High Court’s decision, showing how brand value isn’t just about sales but also legal strength.
What Led to the Trademark Dispute Over Nutella?
The beginning of this case dates back to October 2021, when the Maharashtra FDA raided the premises of M.B. Enterprises, a Thane-based company near Mumbai, and seized nearly 10 lakh counterfeit Nutella jars along with packaging materials. In the next move, on October 29, 2021, the FDA officially informed Ferrero SpA, the Italian owner of the Nutella brand, about the unauthorised production and distribution of counterfeit Nutella products by M.B. Enterprises.
Upon receiving the notice, Ferrero quickly responded by filing a trademark infringement case on November 24, 2021. On the same day, the Delhi High Court issued an ex parte interim injunction, restraining the Thane-based company from manufacturing or selling any counterfeit Nutella products until the final decision of the case.
After multiple hearings, the court made its judgement on July 18, 2025, in the case. And at last, on July 28, 2025, the Delhi High Court officially announced Nutella as a “well-known trademark”. The very next day, on July 29, major media outlets reported the news.
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What Were the Key Court Observations in the Ferrero Case?
In its verdict, the Delhi High Court, led by Justice Saurabh Banerjee, made several important observations and clearly explained the reasons behind its decision. The court noted that Nutella has had a global presence since 1964 and has been registered as a trademark in India since 1975. It acknowledged Nutella as a well-known brand, not only in India but across the world. The judgement emphasised Nutella’s long-standing and widespread consumer recognition, backed by decades of continuous use, significant marketing investment, and a unique trade dress that makes the product instantly recognisable. The court also highlighted Nutella’s recognition by international institutions such as the World Intellectual Property Organisation (WIPO) and the International Trademark Association (INTA), further reinforcing its global reputation. These factors played a key role in the court’s decision to officially declare Nutella a well-known trademark under Indian law.
The court also expressed serious concern over the counterfeit Nutella products, emphasising that such fake goods pose a significant risk to consumer health, especially since Nutella is widely consumed by children and families. It stressed that food-related trademark infringements must be dealt with strictly, as they not only violate intellectual property rights but also threaten public safety.
How Did the Delhi High Court Rule in the Nutella Trademark Dispute?
- Issued a permanent injunction against M.B. Enterprises from producing or selling fake Nutella.
- Ordered ₹30 lakh in damages to Ferrero SpA.
- Awarded ₹2 lakh in legal costs, including a contribution to the court’s welfare fund.
- Emphasised the health risks of counterfeit food and the need to protect well-known global brands.
How Does IPR Law Help Global Companies in India?
Award of Damages and Legal Costs
Through IPR enforcement, the court ordered the infringer to pay financial compensation, reinforcing accountability.
Protection of Global Brand Reputation
IPR mechanisms ensured that Nutella’s international brand value was respected and upheld within the Indian legal system.
Safeguarding Consumer Health and Trust
The IPR law serves not only to protect brand rights but also
Conclusion:
The Delhi High Court’s ruling not only protects the Nutella brand but also sets a strong precedent for safeguarding consumer health and enforcing trademark rights in India. It highlights the power of global brand recognition in legal protection.
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