Shnuggle Ltd v Munchkin, Inc. & Anor [2019] EWHC 3149 (IPEC) (20 November 2019)

Shnuggle Ltd v Munchkin, Inc. & Anor [2019] EWHC 3149 (IPEC) (20 November 2019)

The Sit & Soak bath does not infringe RCD-196 because it produces a different overall visual impression on the informed user, due to significant differences in shape, rim, handle, back pad, colour, and other features. RCD-763 is invalid for lack of individual character over the prior art, particularly RCD-196 and Shnuggle Mk1. Even if valid, the Sit & Soak would not infringe RCD-763 for the same reasons. The court did not reach a final determination on the unregistered design rights claims within the provided text.

Citation
[2019] EWHC 3149 (IPEC)
Parties
Claimant: Shnuggle Limited; First Defendant: Munchkin, Inc.; Second Defendant: Lindam Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Intellectual Property Infringement (design Rights) / First Instance Judgment After Trial
Outcome
Claim dismissed as regards registered design infringement; RCD-763 declared invalid; no finding on unregistered design rights within provided text.
Legal Topics
Registered Community Designs, UK Unregistered Design Rights, Design Infringement, Design Validity, Technical Function Exception, Scope of Protection, Originality, Commonplace Designs
Intellectual Property Law Registered Community Designs UK Unregistered Design Rights Design Infringement Design Validity Technical Function Exception Scope of Protection Originality +1 more

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Parties

Shnuggle Limited

Claimant

Munchkin, Inc.

First Defendant

Lindam Limited

Second Defendant

Procedural Posture

Intellectual Property Infringement (design Rights) / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the Sit & Soak bath infringes Shnuggle's Registered Community Designs (RCD-196 and RCD-763)
  2. 2 Whether RCD-763 is valid for lack of individual character
  3. 3 Whether UK unregistered design rights subsist in the Shnuggle Designs

Ratio Decidendi

The Sit & Soak bath does not infringe RCD-196 because it produces a different overall visual impression on the informed user, due to significant differences in shape, rim, handle, back pad, colour, and other features. RCD-763 is invalid for lack of individual character over the prior art, particularly RCD-196 and Shnuggle Mk1. Even if valid, the Sit & Soak would not infringe RCD-763 for the same reasons. The court did not reach a final determination on the unregistered design rights claims within the provided text.

Court Disposition

Claim dismissed as regards registered design infringement; RCD-763 declared invalid; no finding on unregistered design rights within provided text.

Orders

  • Sit & Soak does not infringe RCD-196.
  • RCD-763 is invalid for lack of individual character.