A Palestinian company unlawfully used the trademark "Nutella" as part of its cafe’s name "Nutella Shop Ramllah”, which is considered an infringement to Ferrero S.p.A intellectual property rights in the trademark “Nutella”.
HAG, representing Ferrero S.p.A, filed a motion for a preliminary injunction to the Judge of Summary Matters, who rejected the motion on the grounds that ceasing the defendant from using the trademark should only be ruled in the main case.
Although these types of interlocutory motions are not yet common in the West Bank, HAG appealed the Judge of Summary Matter’s decision to the Palestinian Court of Appeal.
The Court of Appeal found that the appealed decision is in error and Ferrero S.p.A as an owner of the trademark “Nutella” should be granted a preliminary injunction. The appeal court reversed the decision of the first instance, the Judge of Summary matters.
