FERRERO SPA &ANR Vs. PIYUSH DEVANGAN

JUDGEMENT

(1.) This suit is filed seeking a decree of permanent injunction restraining the defendants etc. from dealing in any manner with the confectionery products which are look a likes of the plaintiffs' FERRERO ROCHER chocolate specialties sold under the mark/name 'D-Lizie' and/or any other goods under the trade dress as stated in paragraph 13 of the plaint. Other connected reliefs are also sought.

(2.) It is the case of the plaintiffs that the plaintiffs' chocolates are sold under the trade mark FERRERO ROCHER at worldwide level and are amongst the best known confectionery products in the world. The annual sales turnover of FERRERO ROCHER is said to be nearly one billion- US Dollars. Consumers and the trade alike identify and recognize the products of the plaintiffs from a distance owing to the distinct and stunning packaging style of FERRERO ROCHER chocolate specialties which have the following unique elements:

(3.) Relevant details of the plaintiffs' trademarks and its registrations are given in para 6 of the plaint. It is also pleaded that millions of dollars worldwide, including in India, have been spent on the promotion and publicity of the FERRERO ROCHER chocolate specialties under the trade dress as stated above. Statement of sales turnover in India for the years 2008 to 2013 would be in excess of 1130 crores. It is pleaded that the plaintiffs' FERRERO ROCHER trademarks and trade dress have acquired a "well known status" around the world including in India.