Case Name: FERRERO SPA NR vs. M/S RUCHI INTERNATIONAL & ANR 

Citation: Ferrero Spa & NR v. Ruchi International, 2018 SCC OnLine Del 8129

Jurisdiction: Delhi High Court

Corum: Justice Yogesh Khanna 

Abstract

We live in a world where aesthetics are everything; every brand, every trademark in the 21st century is seen through a stylised lens. Aesthetic appeal drives global trends today. With the importance of rising aesthetic and product design, trade dress becomes extremely important, trade dress in India is not exclusively protected under a statute but protected under Trademarks act, 1999.  The Indian courts have embraced trade dress a number of times, one such case is Ferrero Spa vs. M/s Ruchi International &Anr. Tradedress refers to the visual appearance- look and feel, it signifies the source of the product to the consumers, and it reaffirms trust and faith in the minds of consumers. 

Introduction 

The Delhi High Court in its verdict, announced the injunction to the plaintiff, Ferrero Spa, the owner of Ferrero Rocher Chocolate. They filed a suit against Ruchi International, selling the “Golden Passion” chocolate, which had an identical golden wrapper packaging, which amounted to passing off and infringement of trade dress. Trade dress is an important branch of trademark law. Trade dress is primarily recognised as the source of the product designed by respective companies. Trade dress holds high value as modern branding relies heavily on packaging, product appearance, and visual identity. With the new requirements of aesthetic and feel of a product, trade dress holds paramount importance. This case highlights exactly that; the growing judicial recognition of trade dress protection reinforces the importance of safeguarding visual identity against deceptive imitation. 

Facts 

1. The plaintiff operates business in India through Ferrero Pvt. Ltd. since 2008 but has its operations long before, it is a highly reputed company, among the top 4 in confectionery products. 
2. Ferrero rocher chocolates have a huge consumer base, because of the unique taste and the special golden wrapper with a brown packaging underneath the golden wrapper acting a unique selling point. 
3. The defendant sold chocolates that are manufactured in China, under the label Golden Passion, which had the same packaging  as the plaintiff. The plaintiff established that the ferrero chocolate had registered trademarks across various jurisdictions worldwide It has a registered trademark in India as well. It enjoys exclusive rights over its products
4. The main issue arose over the staggering similarity of the plaintiff’s packaging copied by the defendant. The golden wrapper, the transparent packaging, and the shape of the chocolates. 
5. The plaintiff argued that this created confusion in the minds of consumers and amounted to passing off and infringement.   

Issues

1. Whether Defendant’s Packaging Amounted to Deceptive Similarity?
2. Whether copying a visual presentation could amount to trade dress infringement.
3. To what extent do Indian trademark law protects the overall commercial impression and aesthetic identity of a product beyond conventional word marks and logos? 

Judgement 

The plaintiff had filed the suit to recover damages for Trade Dress,  trademark, passing off, dilution, permanent injunction, and declaration. J. Yogesh Khanna noted that jurisdiction exists in this case, even though defendant no 2 doesn’t reside, the plaintiffs operate their business in the territorial jurisdiction of this court. 

The adoption of similarity and deception of marks of the impugned marks amounts to infringement of rights under Article 29(5) of the Trademarks Act, 1999.

The use of similar packaging is done in mala fide intention and to gain advantage of the reputation established by the plaintiff over the years and in various countries. 

The court ordered a permanent injunction of  Rs. 10 Lakh to the plaintiff, and a restraining order to stop the defendant from further producing the same packaging. Defendant no. 2 has caused immense loss to the goodwill and reputation of the plaintiff. 

The court recognised the importance of the overall visual presentation of a product; it shifted its attention from traditional trademarks like logos, words, and combinations. It reaffirms to businesses that their products with unique features will remain protected in India. The court emphasised the dishonest imitation and the likelihood of confusion. Trade dress includes colour combination, packaging, arrangement, and get-up. 

The plaintiff has established that their packaging is distinctive and unique, with no affiliation or authorisation provided by the plaintiff; it amounts to passing off. The plaintiff should be awarded damages and have their reputation restored that they have created over the years.  

Critical Analysis 

Judgment holds significant value that deals with Trade Dress and passing off, India, which does not have a separate act for Trade Dress; it deals with and provides protection under the Trademarks Act. Under section 2(zb), section 2 (m), and section 2 (q), which define trademark, mark, and packaging, respectively, provide for trade dress. Apart from the Trademarks Act, 1999, through various judgements, the Indian courts have established the importance of  Trade Dress. The main intention of granting protection to the Trade dress is to ensure fair competition and promote innovation. It is to ensure the prevention of counterfeits and the exploitation of rights provided to the original creator. 

It recognises that trade dress is not only limited to logo and trademark but also the association of consumers with the visual identity- the look and feel of the product. Expanding protection to packaging aesthetics should be balanced to prevent monopolisation on common designs and prevent unfair competition. 

Conclusion 

The decision in FERRERO SPA vs. M/s RUCHI INTERNATIONAL  reaffirms the growing importance of trade dress and protection under intellectual property law. The judgment strengthens the modern demands of packaging and visual aesthetics. Provides safeguards against deceptive imitation, emphasising the role of consumer perception in modern branding. 

References  

Ferrero SPA & Anr. v. M/s Ruchi International & Another, Ferrero SPA & Anr. v. M/s Ruchi International & Another, LNIND 2018 DEL 1296.

iPleaders – Infringement Case: Ferrero Rocher Trade Dress (Accessed on 18 May 2026).

IIPRD – Concept of Trade Dress in India (Accessed on 18 May 2026).

SpicyIP – Ferrero Rocher v. Ruchi International (Accessed on 18 May 2026).

Mondaq – Ferrero Awarded Rs.1 Million in Damages for Infringement of Ferrero Rocher Trade Dress (Accessed on 18 May 2026).

Nishith Desai Associates – Ferrero Awarded Rs.1 Million in Damages (Accessed on 18 May 2026).