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IPR weekly Highlights (92)

8 (Demo)
TRADEMARK
FERRERO SECURES WELL-KNOWN STATUS FOR NUTELLA

Ferrero S.p.A and others (Plaintiffs) filed a trademark infringement suit against M.B. Enterprises (Defendant) in the Delhi HC. The Plaintiffs alleged that the Defendant was unauthorisedly manufacturing and selling counterfeit “Nutella” products that imitated Nutella’s label, trade dress, and packaging. They also sought a declaration recognising “Nutella” as a well-known trademark under Section 2(zg) of the Trade Marks Act, 1999.
The HC recognised “Nutella” as a well-known trademark across India, citing its long-standing global presence and the consumer goodwill it enjoys in over 50 countries. The HC found that the Defendant’s activities were likely to confuse consumers and dilute the Plaintiff’s mark. Consequently, it issued a permanent injunction restraining the Defendant from further acts of infringement, and awarded ₹30 lakh in damages and ₹2 lakh in litigation costs to the Plaintiffs.

1. Ferrero SpA & Ors. v. M.B. Enterprises, CS(COMM) 593/2021 & I.A. 36529/2024

TRADEMARK
L’ORÉAL OPPOSES “NKD” BRAND USED BY UK SALON

L’Oréal S.A. has filed a trademark opposition in the United Kingdom (UK) against an application submitted by Rebecca Dowdeswell for the mark “nkd”, used in connection with her salon business. L’Oréal contends that the mark “nkd” is deceptively similar to its “NAKED” trademark, which is associated with its Urban Decay line of beauty products, and may cause consumer confusion.
The dispute arose after Rebecca’s earlier trademark lapsed in 2019 during the COVID-19 pandemic, prompting her to file a fresh application in 2022. She maintains that her brand has operated independently since 2009 without any attempt to exploit L’Oréal’s reputation. Despite her claims of a longstanding and distinct commercial identity, the matter is yet to be resolved by the UK Intellectual Property Office.

PATENT/DESIGN
SKECHERS FACES PATENT SUIT OVER SLIP-INS TECHNOLOGY

HandsFree Labs Licensing LLC, Kizik Design LLC, and FAST IP LLC (Plaintiffs) have filed a lawsuit against Skechers U.S.A. Inc. for infringement of their six patents related to hands-free footwear technology. The Plaintiffs claim that Skechers’ “Slip-ins” line replicates core functional features and design elements covered by their patented hands-free entry systems. The disputed patents include four utility patents covering spring-back heel structures and shoe entry mechanics, as well as two design patents protecting the look and structure of the footwear.
The Plaintiffs alleged that Skechers deliberately adopted their innovations without permission and have sought a permanent injunction, compensatory damages, and attorney’s fees. Skechers has publicly denied the allegations, asserting that it independently developed its Slip-ins technology and holds a substantial portfolio of footwear patents.

1.HandsFree Labs Licensing, LLC et al v. Skechers U.S.A., Inc., Case No. 2:25 cv 00744

COPYRIGHT
SONY SUES TENCENT OVER ALLEGED COPY OF HORIZON GAME SERIES

Sony has filed a lawsuit against Tencent, accusing the Chinese tech giant of copying its acclaimed Horizon video game series. Sony claims that Tencent’s upcoming game “Light of Motiram” (LoM), is a “slavish clone” of “Horizon: Zero Dawn” and “Horizon: Forbidden West”, both developed by its in-house studio, Guerrilla Games. The suit alleges that Tencent has replicated key elements of the Horizon franchise, including its post-apocalyptic setting, AI-powered machines, and character designs.
Promotional materials for LoM reveal similarities in aesthetic and gameplay. Set in a world where human civilization has collapsed, the game features exploration across diverse terrains and interactions with robotic creatures, which parallel core aspects of Horizon. While Tencent describes the game as original, Sony argues that the resemblance goes beyond inspiration and amounts to copyright infringement. LoM is already listed on platforms like Steam and Epic Games, though no release date has been announced.

1.Sony Interactive Entertainment LLC v. Tencent Holdings Ltd, U.S. District Court for the Northern District of California, No. 3:25-cv-06275.

COPYRIGHT
COSTAR SUES ZILLOW OVER ALLEGED USE OF 46,000 COPYRIGHTED PHOTOS

CoStar Group has filed a major copyright infringement lawsuit against Zillow in a New York federal court, accusing the real estate platform of illegally publishing over 46,000 of its watermarked photographs. The suit claims Zillow used these copyrighted images more than 250,000 times across its own site and on partner platforms like Redfin and Realtor.com, where Zillow provides multifamily listings. CoStar, a leader in commercial real estate data and analytics, says the photos are part of a vast proprietary library it has built through significant investment and effort.
CoStar’s CEO, Andy Florance, called the alleged misuse “nothing short of outrageous” and hinted at possible future legal action against Redfin and Realtor.com if the images were not taken down. The lawsuit could become one of the largest image copyright cases ever, with potential damages reportedly exceeding a billion dollars. Notably, this isn’t the first time Zillow has faced such allegations, as it previously settled a multi-million-dollar copyright case brought by photography studio VHT, Inc.

1.CoStar Realty Information, Inc. & Anr. v. Zillow Group, Inc., S.D.N.Y., Case No. 25-06248

GEOGRAPHICAL INDICATION
TRADITIONAL INDIAN LIQUORS GET GI RECOGNITION IN THE UK

India’s traditionally crafted, alcoholic beverages such as Goa’s feni, Kerala’s toddy, and artisanal wines from Nashik are set to gain international recognition following the signing of a landmark free trade agreement between India and the United Kingdom. The agreement grants Geographical Indication protection to these unique Indian products in the UK, providing the makers with more retail avenues and market access, and it is hoped that they will now find a niche market alongside iconic international brands like Scotch whisky and make our products more recognised internationally.

1. https://www.firstpost.com/explainers/india-drinks-uk-free-trade-deal-liquor-market-13911916.html

MISCELLANEOUS
PLEA IN SC SEEKS POSH ACT COVERAGE FOR POLITICAL PARTIES

A writ petition filed in the SC by advocate Yogamaya MG seeks to bring political parties under the ambit of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). The plea argues that excluding women political workers from the protections offered under the Act violates their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution. Citing studies by UN Women and the Inter-Parliamentary Union on the widespread sexual harassment faced by women in political spaces, the petitioner calls for judicial recognition of the need for redressal mechanisms, including Internal Committees, as per the SC’s 2013 Vishaka guidelines.
The petition also highlights inconsistencies in the implementation of grievance redressal systems within political parties. While some parties have claimed to set up Internal Committees, the plea alleges a lack of transparency and incomplete structures within political parties. It notes that in many cases, complaints are handled informally by disciplinary committees or state-level offices, undermining the intent of the law. A similar petition filed in 2024 was dismissed by the court with a direction to approach the Election Commission (EC), but the petitioner claims that no response has been received from the EC despite a formal representation. This renewed legal challenge comes months after the SC issued detailed directions to all states and union territories in December 2024 for the effective implementation of the POSH Act nationwide.

1. Yogamaya M.G. v. Union of India & Ors., W.P. (C) No. 695/2025

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