Nutella Jars for Charity: Delhi HC Asks Ferrero

New Delhi, Dec 12 (PTI) The Delhi High Court has asked the makers of sweetened hazelnut cocoa spread Nutella to consider using infringed glass jars, seized from a premises, for filling its products and donating them to NGOs which feed the poor as a part of its corporate social responsibility initiative.

The high court noted that the value of the seized over 3.05 lakh jars has been assessed to be Rs 62.84 lakh.

Justice Manmeet Pritam Singh Arora directed the defendants, who were manufacturing and selling infringed glass jars of Ferrero SpA's Nutella spread, to hand over all the seized jars to the plaintiff company which would be at liberty to use them as it deems fit.

"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 an order passed in November.

It directed the defendants to destroy all the other packaging material found and seized at their premises within four weeks.

The court passed the order on a plea by Italy's Ferrero SpA alleging infringement of its trademarks Nutella and passing off counterfeit goods under the identical mark.
The company submitted that the defendants were manufacturing and selling empty Nutella glass jars which are near identical copies of the original jars.

The defendants also admitted offering the Nutella glass jars for sale on their own website and third-party e-commerce websites.

The company filed a suit in the high court seeking a decree of permanent injunction restraining the defendants from infringing its registered trademarks, including its glass jars designs, distinctive labels associated with the mark Nutella passing off counterfeit goods under the identical mark.

The court, in its order, also directed the defendants to pay Rs 10 lakh to the company taking into consideration the fact that initially in 2023, they resisted the suit when it was filed.

It also said there was no material to hold that the defendants have colluded with third parties to sell counterfeit products of Nutella.

"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 said.