NUBY® Wins Major Legal Victory over TOMMEE TIPPEE®

Monroe, Louisiana, February 14th, 2013

NubyLuv n’ care, Ltd. – maker of the famous NUBY® brand infant products – has announced that it won a jury verdict last week 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, Luv n’ care expects the Court to enter a future 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 silicone compression valve in the straw, and straw cups with a silicone compression 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 compression 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, in view of the jury’s verdict, Luv n’ care expects the Court to enter a future injunction requiring that the Jackel companies 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.

AMENDED RELEASE (Feb. 12, 2012):  As set forth above, Luv n’ care’s prior press release of February 11, 2013 has been amended to address complaints by Jackel.  Specifically, Luv n’ care expects, as originally stated, that the Court will issue an injunction (consistent with the jury’s verdict) against further violations by Jackel, but confirms herein that an injunction has not yet been issued.   Luv n’ care also clarifies herein that the Tommee Tippee® products at issue are those with a silicone compression valve.  Other products with valves were not adjudicated by the Court, although Luv n’ care expects to file further suit to redress other Jackel valve products.  Luv n’ care also confirms herein that the illegal activities of Jackel described in the press release were decided by the Court with respect to civil liability, not criminal.  No reference to criminal liability with respect to Luv n’ care’s rights or the recent verdict was made or intended.

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