Ferrero S.P.A filed CS(Comm) 65/2023 against Abhimanyu Prakash and others alleging infringement of registered NUTELLA trademarks including distinctive glass jar shape by manufacturing and selling identical empty jars without authorization leading to ex parte injunction on 06 February 2023 modified 08 February 2023 with local commissioners seizing 305916 jars which appellants consented to make absolute on 12 August 2025 while single judge on 19 November 2025 summarily decreed suit under Order XIII-A CPC finding appellants knowing first-time infringers awarding costs and directing handover of seized jars to plaintiffs for own use or CSR donation to NGOs feeding poor valuing Rs 62.84 lakhs as deterrent with destruction of other material, prompting IA 30639/2025 for modification dismissed on 08 December 2025. Division bench reasoned jars held infringing under findings attained finality entitling registered proprietor to delivery up for destruction under Sections 28(1) and 135(1) Trade Marks Act 1999 without other commercial use though appellants argued ordinary jars usable for honey pickles etc but respondents undertook destruction. Appeal disposed modifying orders to handover jars solely for destruction on 17 January 2026 with appellants' representative present.
- Registered proprietor entitled to exclusive use and relief including delivery up of infringing goods for destruction or erasure under Sections 28(1) and 135(1) of Trade Marks Act 1999: Para 18-20.
- Infringement findings in summarily decreed suit under Order XIII-A CPC attain finality absent contest beyond limited modification: Para 16-17.
Mr. Abhimanyu Prakash. Vs Ferrero S.P.A & Ors., Order date: 06 January 2026, Case Number: RFA(OS)(COMM) 1/2026 & CM APPL. 331/2026, Neutral Citation: N/A, Name of court: High Court of Delhi at New Delhi, Name of Judge: Hon'ble Mr. Justice C. Hari Shankar and Hon'ble Mr. Justice Om Prakash Shukla.
[Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
[Written By: Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi]
