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Plaintiff Ferrero Spa is an Italian confectionery giant which is
part of the Ferrero Group, founded in 1946. It is ranked amongst
the biggest four confectionery producers in the world. The
plaintiff was also listed as the most reputable company in the
world by the Reputation Institute Survey of 2009 and as reported by
the Economist and Forbes Magazine.
The plaintiff conducts business in India through Ferrero India
Private Limited. Although the Indian entity was incorporated only
in 2008, the plaintiff's products were sold on the Indian
market much earlier. Further, the plaintiff's Ferrero Rocher
products have been available in India for a considerable length of
time and enjoy a formidable consumer base, "who swear by the
chocolates' uniqueness of taste, as well as their distinct
visual appeal".
The plaintiff has secured numerous trademark registrations in
India and worldwide for its FERRERO ROCHER mark and the other
elements making up its mark - ie, the trade dress. The plaintiff
has been extremely vigilant in protecting its rights in the mark
and trade dress across the world; as a consequence, judicial forums
worldwide, including in India, have recognised and enforced the
plaintiff's rights in the mark and trade dress on several
occasions and granted the plaintiff relief against third
parties.
Ruchi International (the first defendant) is an importer and
marketer of chocolates in India under the brand name Golden
Passion, which are lookalikes of the plaintiff's Ferrero Rocher
chocolates, sold under the FERRERO ROCHER mark and trade dress.
These chocolates are manufactured and exported from China by the
second defendant under the brand Golden Passion.
During the pendency of the suit, the first defendant settled the
matter amicably with the plaintiff. A compromise decree was passed
by the High Court of Delhi in an order dated May 26 2016, and the
suit proceeded ex parte against the second defendant.
This article was originally published in the
15th May 2018 edition of World Trademark
Review
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