# Stupid move by Nutella lawyers

**URL:** <https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [May 21, 2013, 10:28am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915 "2013-05-21T10:28:44Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![madrabbitwoman](https://avatars.discourse-cdn.com/v4/letter/m/c37758/32.png) [@madrabbitwoman](https://boards.straightdope.com/u/madrabbitwoman)\
**Post date:** [May 21, 2013, 10:28am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/1 "2013-05-21T10:28:44Z")

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Really really stupid.

> **[World Nutella Day - February 5 2025](https://www.nutella.com/us/en/world-nutella-day)**
>
> February 5 2025 is World Nutella Day! Let's come together to spread Nutella smiles all over the world.

> [@](#):
>
> Lawyers for Ferrero, SpA (makers of the Nutella spread) have sent a legal threat to Sara Rosso, who founded and maintains the World Nutella Day site, where they promote Nutella through recipes, tweets, stories, and (obviously) an annual day devoted to the sugary gloop. Rosso has capitulated and will no longer promote their products for them.

So… She likes nutella. She encourages other people to try the stuff some of those people then buy the stuff. Then there is a website, then World nutella day - books recipes etc. and etc… lots of folks trying then buying and good publicity for 6 years. then theres this  
(headline shamelessly nicked from [boingboing.com](http://boingboing.com))

> [@](#):
>
> Nutella’s lawyers shut down World Nutella Day: STOP LIKING US SO MUCH!

good lord I hope I just made sense

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**Author:** ![Nava](https://avatars.discourse-cdn.com/v4/letter/n/da6949/32.png) [@Nava](https://boards.straightdope.com/u/Nava)\
**Post date:** [May 21, 2013, 11:03am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/2 "2013-05-21T11:03:52Z")

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… is it International Dumb Day or something? Because it does seem like someone was having a very, very dumb day.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [May 21, 2013, 11:23am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/3 "2013-05-21T11:23:55Z")

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I bought a jar the other day. Maybe I should retain counsel, justincase.

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**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\
**Post date:** [May 21, 2013, 11:24am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/4 "2013-05-21T11:24:25Z")

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The company is presumably concerned about losing control of their brand; if she becomes the unofficial face of Nutella and then does something stupid, they’re probably worried that it will taint their image.

That said, there must be better ways to deal with the problem of overzealous fans than a complete shutdown. I mean, it’s not like she was posting fan messages on every messageboard and ending every post with a prayer to Nutella…

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**Author:** ![DrFidelius](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/drfidelius/32/3447_2.png) [@DrFidelius](https://boards.straightdope.com/u/DrFidelius)\
**Post date:** [May 21, 2013, 11:26am UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/5 "2013-05-21T11:26:11Z")

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I dunno.  
Having an independent entity promote your brand sounds like a recipe for disaster. What if the World Nutella Day people went in a direction contrary to the company’s marketing philosophy? Better to keep control of the public image of your product than to trust outsiders.

(Maybe they can re-name their celebration “World Hazelnut Spread Day.”)

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**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\
**Post date:** [May 21, 2013, 12:41pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/6 "2013-05-21T12:41:04Z")

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> [@DrFidelius](#):
>
> I dunno.  
> Having an independent entity promote your brand sounds like a recipe for disaster. What if the World Nutella Day people went in a direction contrary to the company’s marketing philosophy? Better to keep control of the public image of your product than to trust outsiders.
> 
> (Maybe they can re-name their celebration “World Hazelnut Spread Day.”)

In the era of the internet, people are going to have to give up the idea that they can absolutely control their brand. There is just too much content. You go after the really damaging cases (a Nutella based porn site might be worth shutting down) and ask - politely - for a disclaimer on someone running a site like Nutelladay (Nutelladay is not affiliated with and opinions and recipes on this site have not been approved by). Plus there is the Streisand Effect to be wary of (and somehow, this seems to be tailor made for it, I’m looking forward to a Popehat piece).

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**Author:** ![Mollie\_Magill](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mollie_magill/32/20882_2.png) [@Mollie\_Magill](https://boards.straightdope.com/u/Mollie_Magill)\
**Post date:** [May 21, 2013, 1:11pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/7 "2013-05-21T13:11:55Z")

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> [@Dangerosa](#):
>
> In the era of the internet, people are going to have to give up the idea that they can absolutely control their brand. There is just too much content. You go after the really damaging cases (a Nutella based porn site

I’m sorry - My brain shut down after reading this far.

It’s only 9 o’clock; I don’t think I’ll be getting much work done today.

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**Author:** ![detop](https://avatars.discourse-cdn.com/v4/letter/d/bcef8e/32.png) [@detop](https://boards.straightdope.com/u/detop)\
**Post date:** [May 21, 2013, 1:33pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/8 "2013-05-21T13:33:43Z")

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> [@Gyrate](#):
>
> \<snip\> I mean, it’s not like she was posting fan messages on every messageboard and ending every post with a prayer to Nutella…

Hmm, there’s an idea.

_Saint Nutella who art in a jar,  
Hallowed be thy nuttiness…_

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**Author:** ![Skammer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skammer/32/143_2.png) [@Skammer](https://boards.straightdope.com/u/Skammer)\
**Post date:** [May 21, 2013, 1:51pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/9 "2013-05-21T13:51:30Z")

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> [@Dangerosa](#):
>
> Nutella based porn

> [@Mollie\_Magill](#):
>
> I’m sorry - My brain shut down after reading this far.

Yes, I had a moment there also.

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**Author:** ![Mangetout](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mangetout/32/19_2.png) [@Mangetout](https://boards.straightdope.com/u/Mangetout)\
**Post date:** [May 21, 2013, 1:54pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/10 "2013-05-21T13:54:16Z")

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> [@Dangerosa](#):
>
> In the era of the internet, people are going to have to give up the idea that they can absolutely control their brand. There is just too much content. You go after the really damaging cases (a Nutella based porn site might be worth shutting down) and ask - politely - for a disclaimer on someone running a site like Nutelladay (Nutelladay is not affiliated with and opinions and recipes on this site have not been approved by). Plus there is the Streisand Effect to be wary of (and somehow, this seems to be tailor made for it, I’m looking forward to a Popehat piece).

Seems like the best thing they could have done here would have been to just buy the site owner out. Probably wouldn’t have cost much more - maybe even cheaper in the long run considering they could profit from it afterward.

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**Author:** ![April\_R](https://avatars.discourse-cdn.com/v4/letter/a/3da27b/32.png) [@April\_R](https://boards.straightdope.com/u/April_R)\
**Post date:** [May 21, 2013, 2:13pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/11 "2013-05-21T14:13:55Z")

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> [@Gyrate](#):
>
> .
> 
> That said, there must be better ways to deal with the problem of overzealous fans than a complete shutdown. I mean, it’s not like she was posting fan messages on every messageboard and ending every post with a prayer to Nutella…

Hahaha. +1

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**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\
**Post date:** [May 21, 2013, 2:18pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/12 "2013-05-21T14:18:38Z")

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Wait - the site has been running for 6 years?

They’ve done kleenexed themselves at that point - she could legally respond with "prove you’ve been interested in defending this before now’ and likely win - lack of action on Nutella’s part for 6 years would negate anything they could actionably do - except against people that don’t have the resources to fight back.

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**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\
**Post date:** [May 21, 2013, 2:56pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/13 "2013-05-21T14:56:03Z")

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> [@Dangerosa](#):
>
> In the era of the internet, people are going to have to give up the idea that they can absolutely control their brand. There is just too much content.

I think that would require some changes to trademark law.

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**Author:** ![Amateur\_Barbarian](https://avatars.discourse-cdn.com/v4/letter/a/59ef9b/32.png) [@Amateur\_Barbarian](https://boards.straightdope.com/u/Amateur_Barbarian)\
**Post date:** [May 21, 2013, 3:00pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/14 "2013-05-21T15:00:15Z")

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> [@simster](#):
>
> Wait - the site has been running for 6 years?
> 
> They’ve done kleenexed themselves at that point - she could legally respond with "prove you’ve been interested in defending this before now’ and likely win - lack of action on Nutella’s part for 6 years would negate anything they could actionably do - except against people that don’t have the resources to fight back.

Nutella has been ramping up sales, especially in the US. There’s a time and a place for every battle, no matter how absurd its terms.

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**Author:** ![simster](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/simster/32/1047_2.png) [@simster](https://boards.straightdope.com/u/simster)\
**Post date:** [May 21, 2013, 4:26pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/15 "2013-05-21T16:26:17Z")

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> [@Amateur\_Barbarian](#):
>
> Nutella has been ramping up sales, especially in the US. There’s a time and a place for every battle, no matter how absurd its terms.

That’s incorrect where it comes to protecting trademarks - I’m sure an actual lawyer may come in and correct, but you must always vigorously defend your trademarks or risk losing certain controls on them - from the very moment they are registered.

IOW - if the web site owner wished to pursue it - all they would have to do is ask “how long have you had the trademark, show us the records of your defense of it”

> **[The Consequences Of Not Protecting And Defending Your Trademarks | Scoop Byte](https://scoopbyte.com/the-consequences-of-not-protecting-and-defending-your-trademarks/)**
>
> Protecting your trademark against misuse and counterfiet is a no brainer in today's connected World.Read on for further information.

> [@](#):
>
> Inaction in policing your trademark can lead to a bar to sue for trademark infringement. In addition, failure to prosecute infringers usually is evidence of a weak mark. As a result, challengers can petition the USPTO to cancel your trademark registration.

IOW, them allowing this website to run - unchecked and unchallenged - for 6 years dilutes thier abiltiy to stop it ‘now’ based on trademark alone.

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**Author:** ![drewtwo99](https://avatars.discourse-cdn.com/v4/letter/d/d07c76/32.png) [@drewtwo99](https://boards.straightdope.com/u/drewtwo99)\
**Post date:** [May 21, 2013, 4:30pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/16 "2013-05-21T16:30:21Z")

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God bless hazelnuts and sugary gloop always! 🙂 🙂 🙂

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**Author:** ![DiosaBellissima](https://avatars.discourse-cdn.com/v4/letter/d/a8b319/32.png) [@DiosaBellissima](https://boards.straightdope.com/u/DiosaBellissima)\
**Post date:** [May 21, 2013, 4:40pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/17 "2013-05-21T16:40:17Z")

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> [@Amateur\_Barbarian](#):
>
> Nutella has been ramping up sales, especially in the US.

Almost entirely due to blogs like this lady’s. And Pinterest. And Tumblr. It’s the internet that has really brought Nutella to the forefront of popularity in the US lately. How utterly stupid to collectively slap those people in the face.

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**Author:** ![Leaper](https://avatars.discourse-cdn.com/v4/letter/l/4bbf92/32.png) [@Leaper](https://boards.straightdope.com/u/Leaper)\
**Post date:** [May 21, 2013, 4:51pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/18 "2013-05-21T16:51:51Z")

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> [@Dangerosa](#):
>
> In the era of the internet, people are going to have to give up the idea that they can absolutely control their brand.

I understand why a hidebound corporate type might be scared by the idea that one yahoo on the Internet can “ruin” a product overnight in the most extreme hypothetical case, though.

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**Author:** ![RandMcnally](https://avatars.discourse-cdn.com/v4/letter/r/b782af/32.png) [@RandMcnally](https://boards.straightdope.com/u/RandMcnally)\
**Post date:** [May 21, 2013, 5:01pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/19 "2013-05-21T17:01:22Z")

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> [@DiosaBellissima](#):
>
> Almost entirely due to blogs like this lady’s. And Pinterest. And Tumblr. It’s the internet that has really brought Nutella to the forefront of popularity in the US lately. How utterly stupid to collectively slap those people in the face.

I agree with this. I had never even heard of Nutella before I got on Tumblr. The love for Nutella is ubiquitous on that site, and other types of social media. I think this will hurt them in the long run.

eta: Actually, it wouldn’t be a bad idea for a rival company to talk to the girl who got the cease and desist letter and attempt to sponsor her.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [May 21, 2013, 5:06pm UTC](https://boards.straightdope.com/t/stupid-move-by-nutella-lawyers/658915/20 "2013-05-21T17:06:23Z")

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Is Sara Rosso related to Julee Rosso of the Silver Palate Cookbook? Just curious.

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