02 May 2018

Trademark/dress infringement – Punitive damages for violating interim order

Delhi High Court has held that selling of chocolates under name of Golden Passion amounts to passing off, unfair competition, etc. An order of permanent injunction was passed upholding defendant’s chocolates as deceptively similar to plaintiff’s registered trade mark or trade dress FERRERO ROCHER.

Further, observing that the plaintiff suffered immense loss to goodwill and reputation and hence was entitled to grant of damages not only in terms of compensatory damages, the court granted punitive damages taking note of the mala fide conduct and contempt of interim injunction order.

It noted that chocolates were exported to India and sold online even after passing of interim order.

The defendant was an importer and marketer of chocolates under the brand-name ‘Golden Passion’ in India.

The court in Ferrero Spa v. Ruchi International noticed that ‘Golden Passion’ chocolates were look-alikes of the plaintiffs’ chocolates sold under the ‘Ferrero Rocher’ trademark and trade-dress.

The Court by its order dated 2-4-2018 also passed Order for declaration of ‘Ferrero Rocher trademarks and trade dress’ as ‘well-known’ trademarks within the meaning of Section 2(1) (zg) read with Section 11(6) of the Trademarks Act, 1999. 


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