by Khushwant Singh
IN A nutshell, the Italian maker of the Nutella hazelnut-cocoa
spread is seeking to stop a Singaporean coffee-shop chain from
using the 'Nutello' name.
Ferrero S.P.A. is suing local food and beverage group Sarika
Connoisseur Cafe, which operates The Coffee Connoisseur (TCC)
cafes, for trademark infringement.
In the hearing which started in the High Court on Monday,
Ferrero's lawyer Sukumar Karuppiah argued that the use of the word
'Nutello' would lead to the gradual whittling away and erosion of
the uniqueness and exclusivity of the Nutella trademark.
It would also lessen the capacity of the trademark to identify
and distinguish its range of goods from other brands, he said.
TCC started selling a drink called Nutello, with the Nutella
spread as its main ingredient, in August 2007. Sales of the drink
have been discontinued but Ferrero wants the court to prohibit the
use of the Nutello name.
The court heard that Nutella was launched in 1964 and its annual
sales turnover is now more than $2 billion. The company has spent
more than $1.1 million annually on advertising and promoting the
brand here. Nutella has been sold in Singapore since the 1980s.