A claim was recently filed by Ferrero (on World Nutella Day, 05 Feb 2015) at a US District Court in New York against a cafe named ‘Nuteria’ for trademark infringement, dilution and false designation of origin (passing off). The Italian company Ferrero have demanded a permanent injunction and damages against the cafe.
The Italian company claim that the website and the interior of the cafe make significant use of the ‘Nutella’ trademark and give a false impression that he cafe is owned or associated with Ferrero. Part of the complainet filed by Ferrero this month also states that the cafe was formally known as ‘Nutelleria’ but changed its name to ‘Nuteria’ following the issue of a cease and desist letter from Ferrero’s lawyers! Cheeky!
Even worse…the cafe have used a stylised logo similar to the Nutella trademark i.e. the red and black font on promotional material and to top it off the cafe uses the Nutella chocolate spread as a main ingredient on its menu! http://www.nuteriany.com/
At present ‘Nuteria’ have not applied to register their trade mark in the US or UK, (probably because they would face fierce opposition from Ferrero) but still plan to open more cafes in Los Angeles and Miami.
The sad side to this story is that the tycoon who introduced the World to Nutella, Michele Ferrero, died just last week (valentine’s day) aged 89!