Published August 31, 2023


In a recent ruling, the Delhi High Court has granted interlocutory relief to Ferrero Spa, the renowned confectionery company, in a trademark infringement case against Kamco Chew Food Private Limited and others. The court’s order establishes significant protection for Ferrero’s iconic brands, Nutella and Kinder, against unauthorized use and deceptive imitations, ensuring the preservation of their brand integrity and consumer trust.

The legal dispute arose when Ferrero Spa alleged that Kamco Chew Food Private Limited and other defendants were engaging in the manufacturing and sale of confectionery products that bore striking resemblances to Ferrero’s trademarks. Ferrero argued that these actions constituted trademark infringement and passing off, as the defendants deliberately adopted labels, packaging, and trademarks that closely resembled Ferrero’s own, causing confusion among consumers.

Arguments presented

Ferrero presented compelling arguments, asserting that the defendants’ use of marks such as “KINDELLA,” “MYTELLA,” and “COKOTELLA” created a substantial likelihood of confusion among consumers. Ferrero emphasized that the defendants intentionally imitated Ferrero’s distinctive packaging designs, color combinations, and textual representations, leading consumers to believe that the products originated from or were affiliated with Ferrero.

On the other side, the defendants vigorously denied any infringement or passing off. They argued that while their products may bear similarities in appearance, they possessed distinctive features that sufficiently differentiated them from Ferrero’s trademarks. The defendants maintained that their marks were unique and unlikely to cause confusion or deceive consumers.

Court’s observations and decision

The court made several crucial observations after careful consideration of the arguments put forth by both parties. The court acknowledged the widespread recognition of Ferrero’s trademarks, such as Nutella and Kinder, and the legal protections they held. The court took note of the distinct packaging designs, color combinations, and logos associated with Ferrero’s products, considering them integral to the company’s brand identity.

Furthermore, the court highlighted the evident similarities between Ferrero’s marks and the defendants’ labels. It emphasized the use of comparable letter combinations, the placement of text, and the imitation of specific elements such as hazelnuts, breadsticks, and unique packaging designs. The court concluded that these similarities were likely to confuse an average consumer, leading them to associate the defendants’ products with Ferrero.

Based on these observations and recognizing a prima facie case of trademark infringement and passing off, the court granted Ferrero interlocutory relief. The defendants, along with any other parties acting on their behalf, were restrained from engaging in the manufacturing, marketing, selling, or dealing of the impugned products, including “COKOTELLA,” “KINDELLA,” and “MYTELLA,” or any other deceptively similar marks or products associated with Ferrero’s trademarks.


The Delhi High Court’s ruling in favor of Ferrero Spa marks a milestone in the protection of intellectual property rights and the prevention of unfair competition in the marketplace. By granting interlocutory relief, the court has taken a strong stance in safeguarding Ferrero’s trademarks and upholding their brand integrity.


Mudit Kaushik

Written by Mudit Kaushik

Verum Legal

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