Nutella Secures Major IP Ruling Abroad. What It Means for Global Brand Protection 

When Ferrero India stepped into court this year, it wasn’t just about stopping a fake chocolate spread. It was about protecting a billion-dollar brand. 

In a landmark decision, the Delhi High Court officially declared Nutella a “well-known trademark” under Indian trademark law. Alongside this recognition came a $34,306 dollar penalty imposed on a Thane-based counterfeiter for selling fake Nutella Choco Spread, a product dangerously close in appearance, packaging, and consumer appeal. 

Why Does “Well-Known Trademark” Status Matter? 

Ferrero’s legal team presented strong evidence from WIPO recognition to global sales data and brand advertisements to prove Nutella’s global reputation. 

The court didn’t just agree. It emphasized the public safety risks of counterfeit food, especially where children are the end consumers. 

With lawsuits costing $120,000 to $750,000 on average, even a small startup can be wiped out. A quick USPTO report shows about 767,000 new trademark applications were filed in FY2024 alone – that’s hundreds of thousands of potential conflicts every year. In short, your brand’s identity is valuable property, and without proactive protection, a single misstep can trigger a domino effect of legal and financial trouble. 

When Good Names Go Bad: Tales of Trademark Turmoil 

Even iconic brands have fought bitingly over trademarks. For example, a South Korean fried-chicken shop named itself “Louis Vuiton Dak” – a near-identical riff on luxury brand Louis Vuitton. The court forced the restaurant to rename itself (to LOUISVUI TONDAK) and fined them ₩14.5 million. Or consider the little coffee shop that launched a frappé called “Freddocino”, only to be sued by Starbucks for mimicking the famous Frappuccino. The case was settled out of court, and the small cafe had to retire its drink name. Even giants clash: 3M sued a Chinese company using the name “3N” on its products, accusing it of free riding on 3M’s reputation. These examples show that no matter how different the industry is, copying a well-known mark (even by one letter) invites trouble 

Legal Takeaways from the Nutella Verdict 

• Ignoring legal notices is a big mistake: The infringer didn’t respond to legal notices or court summons, leading to a strict default judgment. 

• Fake products = public risk: The court called out the health dangers of counterfeit consumables. 

• Proactive IP protection pays off: Ferrero’s long-term brand-building, documentation, and legal strategy made this victory possible. 

What Law Firms & IP Owners Can Learn 

• Whether you’re managing a global trademark portfolio or advising a growing D2C brand, this case offers clear lessons: 
  Courts now value digital presence, global goodwill, and documented brand use. 

• A single counterfeit incident can harm public trust — and legal responses must be fast and forceful. 

• Well-known trademark status in India is more than a badge — it’s a shield that protects your client’s market share and reputation.

Need Support with Trademark Enforcement or Monitoring? 

At Draft n Craft, we partner with attorneys, law firms, and corporate IP teams to provide: 

• Comprehensive Trademark Search & global watch 

• Enforcement support & litigation readiness 

• Cross-border IP protection strategies 

• Infringement monitoring & documentation 

We help protect what your clients worked hard to build, their brand. 

Let’s talk if you’re ready to scale your IP support, without scaling overhead. 

Let’s protect what your clients built and scale your IP support, without scaling your overhead. 

Explore Our IP Services – https://www.draftncraft.com/intellectual-property-services/