LAWS(DLH)-2013-7-379

FERRERO SPA Vs. MAHENDRA DUGAR

Decided On July 24, 2013
FERRERO SPA Appellant
V/S
Mahendra Dugar Respondents

JUDGEMENT

(1.) Ferrero SPA and Ferrero India Pvt. Ltd. ['FIPL'], Plaintiffs 1 and 2 respectively, have filed this suit against Mr. Mahendra Dugar and Maxsweet Foodstuffs Co. Ltd., China, Defendant Nos.1 and 2 respectively, seeking a permanent injunction restraining the Defendants from infringing the Plaintiffs' registered trademarks, including trade dress, FERRERO ROCHER and from passing off the Defendants' goods as the Plaintiffs' FERRERO ROCHER chocolate specialities. An incidental prayer for damages has also been sought.

(2.) Plaintiff No.1 was founded by founded by Pietro Ferrero in 1946. He is stated to have concocted innovative products in his small pastry shop which grew to become a factory and later a worldwide success story. Plaintiff No.1 is stated to be one of the four biggest confectionery producers worldwide, employing around 22,000 people. It is stated that the word 'FERRERO' is a foreign surname and has no meaning in India except as a trademark for high quality, delicious chocolates and confectionery of Plaintiff No.1. Plaintiff No.2 is the Indian subsidiary of Plaintiff No.1, having its registered office at Primrose Road, Gurapa Avenue, Bangalore and the branch office at Delhi. Plaintiffs 1 and 2 are collectively referred to hereafter as the Plaintiff.

(3.) It is stated that among the trademarks in the Plaintiff's portfolio are FERREROR ROCHER, NUTELLA, TIC TAC and a host of others. The Plaintiff company is also known worldwide for its KINDER umbrella mark and several marks belonging to KINDER family such as KINDER SURPRISE, KINDER BUENO, KINDER JOY, KINDER COUNTRY etc..