FERRERO SPA & ORS. vs M. B. ENTERPRISES

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 18, 2025 % Pronounced on: July 28, 2025 + CS(COMM) 593/2021 & I.A. 36529/2024 FERRERO SPA & ORS .....Plaintiffs Through: Mr. Pravin Anand, Ms. Vaishali R Mittal and Mr. Shivang Sharma, Advs. Versus M.B. ENTERPRISES …Defendant Through: None. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 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 . 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 CS(COMM) 593/2021 Page 1 of 15 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:28.07.2025 17:46:22 statement was closed and the defendant was also proceeded ex parte vide order dated 20.11.2023. Further vide the same order dated 20.11.2023, the interim order dated 24.11.2021 was also made absolute pending disposal of the present suit. 4. Under these circumstances, the plaintiffs have filed I.A. 36529/2024 under Order VIII rule 10 of CPC for passing a summary judgment against the defendant. Brief facts: 5. The plaintiffs are part of the world-renowned Ferrero Group, established in the year 1946 and currently one of the leading chocolate producers and confectionery companies in the world. The plaintiffs’ products are sold across the globe in over 170 cou