NUBY® Wins Major Legal Victory over TOMMEE TIPPEE®
MONROE, La., Feb. 15, 2013
MONROE, La., Feb. 15, 2013 /PRNewswire/ --Luv n' care, Ltd. – maker of the
famous NUBY® brand infant products – announced today that it won a jury
verdict against Jackel International Ltd., the UK maker of Tommee Tippee®
brand baby products. Jackel and its subsidiaries were found liable for
illegally engaging in unfair trade practices and breach of contract in
connection with their copying and imitating Luv n' care's proprietary NUBY®
brand no-spill drinking products. As a result of the Court's verdict, Jackel
will be forced to pay monetary damages and expected attorneys' fees well into
the seven figures. In addition, the Court is expected to enter an injunction
in accordance with the verdict, which will permanently prevent Jackel and all
of its subsidiaries from further selling its silicone valved soft top sippy
cups, flip top cups with a valve in the straw, and straw cups with a valve in
the straw, anywhere in the world.
The jury found that the Tommee Tippee® brand soft top, straw top, and flip top
sippy cups (all with silicone valves) are unlawful imitations of NUBY®
products, in violation of Jackel's agreements to respect Luv n' care's rights
in its innovative and proprietary NUBY® designs. Jackel and its affiliates
were also held liable for unfair trade practices in their sale of imitation
cups and use of those imitations to displace genuine NUBY® products from
retailers in the marketplace.
The affiliates – Mayborn Group Limited, Mayborn USA, Inc. (MUSA), Product
Marketing Mayborn, Inc. (PMM), Jackel China, Ltd. (JCL), and Mayborn ANZ Pty
Ltd. (MANZ) – were all determined to operate as a single business enterprise
with Jackel liable for each entity's wrongful acts. This now marks the second
time in a little over a decade that Jackel International, currently owned by
private equity group 3i, has been found liable for violating another company's
rights by copying their no-spill cups (Haberman v Jackel Intl. Ltd, 1999).
"The lawsuit against Tommee Tippee® was about much more than just money," said
Luv n' care's CEO Edward Hakim. "It was about values. At NUBY®, we value
innovating and dedicating ourselves to creating the best products in the
world. We make these products to better the lives of children and parents,
not for our competitors to steal and copy. I want to thank the jury for
signaling to Tommee Tippee® and the rest of the industry that stealing another
company's designs is wrong."
The jury awarded Luv n' care significant monetary damages for Jackel's illegal
activities, and fully upheld the validity of Luv n' care's rights in every one
of its designs challenged by Jackel in Court. More importantly, the Jackel
companies will have to permanently cease further sale and distribution of the
illegal products anywhere in the world.
This lawsuit follows a string of successful legal victories protecting NUBY's
rights in its innovations, including suits against: Walgreens, Atico, Royal
King of Thailand, Kmart, Sassy, The First Years, Philips GmbH (parent company
of Philips AVENT), Baby King, Novatex, and others. Luv n' care has also filed
further lawsuits against Munchkin, Toys R' Us/Babies R' Us, and others for
copying the same no-spill cups, and violating the intellectual property rights
therein. Moreover, Luv n' care is in the process of preparing and filing
additional lawsuits against retailers and manufacturers who willfully continue
to carry or copy its protected IP products. "Consumers deserve true
innovation. Until infringers are made to pay, real innovation will be
underfunded – to the detriment of children and parents everywhere," concluded
CEO Edward Hakim.
Founded in 1972, Luv n' care Ltd. – which produces and sells under the NUBY®
brand – is one of the leading baby and toddler product innovators in the
world. NUBY's mission is to create fun, safe products that aid in the
development of children while making parents' lives easier. Its products are
well known not only throughout the United States, but also in over 150
countries worldwide thanks to its unique patents and designs. As the inventor
of numerous patented no-spill cups, NUBY® is one of the leading cup brands in
the world and holds countless patents in its full infant feeding and teething
lines. With many coveted industry awards worldwide, NUBY has decades of
experience and will continue to better the lives of parents and children
around the globe. For more information, please visit www.nuby.com.
SOURCE Luv n' care, Ltd.
Contact: Shelley M. Seshagiri, +1-318-338-3128, firstname.lastname@example.org
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