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CELEBRATIONS FOR FERRERO ROCHER
Trademarkclick .com 23 May 2018

CELEBRATIONS FOR FERRERO ROCHER

A sequence of sweet successes for Ferrero Rocher has been consecutively granted by the Hon’ble Delhi High Court by providing injunction and/or costs against the infringers in two prominent Trademark Infringement suits i.e., Ferrero Rocher SPA & Anr. v. Piyush Devangan & Anr., CS(OS) 872 of 2014 and Ferrero Spa &Anr.  vs M/S Ruchi International & Anr., CS(COMM) 76/2018.

 First Victory

On 22nd January’2018, the Delhi High Court granted an ex-parte injunction along with cost as per bill of cost filed by the Ferrero Group against the defendants who were manufacturing and selling chocolates under the mark/name 'D-Lizie' which were quite identical and confusingly similar to the famous Ferrero Rocher sweets in terms of looks and overall appearance. While deciding the suit, the Hon’ble Court considered the unique and exclusive elements of Ferrero Rocher like:-

·         Rounded crushed sold wrappers;

·         A white sticker on individual products;

  • ·         Each resting in a fluted brown colored cupcake shaved holder;
  • ·         Uniquely packaged individual chocolates packed in transparent boxes which clearly show the contents of the box without opening it;
  • ·         Bearing a white label on the lid with the image of the chocolates;
  • ·         Unique shape and packaging of the transparent box with round edges

 Second Victory

Following the settled principles of declaring identical and deceptively similar marks, the Delhi High Court on 2nd April’2018 while acknowledging the “well-known” presence of the mark ‘Ferrero Rocher’ was pleased to pass an ex-parte injunction against the manufacturer of chocolates under the mark Golden Passion in China along with damages worth INR 10 Lakhs. Initially, the suit was filed against the said manufacturer and the importer-plus-distributor of the Golden Passion chocolates in India; but later the importer-plus-distributor settled the matter with Ferrero Group and filed the same before the Hon’ble Court to avoid any other legal and commercial liabilities.

 The perks of getting your mark declared are well- known under Section 2(1)(z)(g) of the Trade Marks Act’1999 in itself provides the registered proprietor and the permitted user(s) of the mark an elated privilege and these cases are the leading examples of the same. The learning for the business organization is to analyze the standard of legal entitlement available vis a vis protection of their mark required is essential. Thus ideally the objective of every company should be investing in their mark so that one day it can be declared as well-known.


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