The Delhi High Court has suggested that Ferrero SpA, the maker of Nutella sweetened hazelnut cocoa spread, may consider using over 3.05 lakh seized infringing glass jars for filling its products and donating them to NGOs feeding the poor as part of its corporate social responsibility (CSR) initiatives.
Justice Manmeet Pritam Singh Arora made the observation while directing the defendants, who were found manufacturing and selling glass jars that were near-identical copies of Nutella’s original jars, to hand over all the seized jars to Ferrero SpA. The court noted that the total value of the seized jars was assessed at ₹62.84 lakh.
“In case, the plaintiff does not wish to use the jars for its own products for retail selling, it may consider using these jars for filling up its products and donating to NGOs who feed the poor, as a part of its CSR (Corporate Social Responsibility) initiative,” the court said in its order passed in November.
The High Court further directed the defendants to destroy all other packaging material seized from their premises within four weeks.
The order came on a plea filed by Italy-based Ferrero SpA alleging infringement of its registered trademarks, including the distinctive Nutella glass jar design and labels, and passing off counterfeit goods under the identical mark. The company contended that the defendants were manufacturing and selling empty Nutella glass jars that were almost identical to the original ones.
During the proceedings, the defendants admitted that they were offering the infringing Nutella glass jars for sale on their own website as well as on third-party e-commerce platforms.
Ferrero SpA had sought a decree of permanent injunction restraining the defendants from infringing its registered trademarks and from passing off counterfeit goods using the Nutella mark.
While granting relief to the company, the court also directed the defendants to pay ₹10 lakh to Ferrero SpA, taking into account that they had initially resisted the suit when it was filed in 2023.
At the same time, the court clarified that there was no material on record to suggest collusion by the defendants with third parties for selling counterfeit Nutella products. “There is also no iota of evidence in this suit with respect to any sale of counterfeit finished products by defendant nos. 1 to 3,” the court observed.
