MR. ABHIMANYU PRAKASH & ORS. vs FERRERO S.P.A & ORS.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(OS)(COMM) 1/2026 & CM APPL. 331/2026 MR. ABHIMANYU PRAKASH & ORS. .....Appellants Through: Mr. Samrat Nigam, Sr. Adv. with Mr. Akshay Srivastava, Ms. Krati Tiwari and Ms. Arpita Khanna, Advs. versus FERRERO S.P.A & ORS. .....Respondents Through: Mr. Pravin Anand, Ms. Vaishali R. Mittal and Mr. Shivang Sharma, Advs. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT(ORAL) % 06.01.2026 C.HARI SHANKAR, J. 1. This appeal assails judgment dated 19 November 2025 and order dated 8 December 2025 passed by a learned Single Judge of this Court in CS (Comm) 65/2023, to a limited extent. 2. We have heard Mr. Samrat Nigam, learned Senior Counsel for the appellants and Mr. Pravin Anand, learned Counsel for the respondents, at some length. 3. The proceedings emanate from a suit instituted by the respondents against the appellants seeking a decree of a permanent injunction, restraining the appellants from infringing the respondents’ Signature Not Verified RFA(OS)(COMM) 1/2026 Digitally Signed By:AJIT Page 1 of 9 KUMAR Signing Date:08.01.2026 19:16:17 registered trademarks. 4. Paras 2 and 3 of the impugned judgment dated 19 November 2025 set out the dispute in conspectus: “2. Plaintiffs have filed the present suit seeking a decree of permanent injunction restraining the Defendants from, inter alia, infringing the Plaintiffs' registered trademarks, including ‘ ' ['NUTELLA glass jars'] 'NUTELLA/ ' and distinctive labels associated with the mark 'NUTELLA', passing off counterfeit goods under the identical mark along with other ancillary reliefs and for damages and costs. 3. The facts which have come on record reveal that Defendant Nos. 1 to 3 are manufacturers and sellers of empty NUTELLA glass jars