FERRERO SPA Vs. M.B. ENTERPRISES

JUDGEMENT

(1.) The plaintiffs, vide the present lis seek passing of a decree of permanent injunction for infringement of its trademark, passing off, delivery up and damages against the defendant in respect of its trademark 'NUTELLA' and <IMG>JUDGEMENT_205_LAWS(DLH)7_2025_1.jpg</IMG> .

(2.) On 24/11/2021, this Court, after issuing summons of the suit to the defendant, granted an ex parte ad interim injunction in I.A. 15235/2021, an application under Order XXXIX rules 1 & 2 of the Civil Procedure Code, 1908 (CPC), in favour of the plaintiffs and against the defendant.

(3.) Despite service, since the defendant neither entered appearance nor filed its written statement, the right of the defendant to file written statement was closed and the defendant was also proceeded ex parte vide order dtd. 20/11/2023. Further vide the same order dtd. 20/11/2023, the interim order dtd. 24/11/2021 was also made absolute pending disposal of the present suit.