Shnuggle Ltd v Munchkin, Inc And Another

In rejecting claims for infringement of registered and unregistered design rights in a baby bath this wonderfully named IPEC decision dealt with a number of points of importance to design filing practice and the assessment of registered and unregistered design right infringement, including:

• the implications of using CAD images in design registration drawings
• guidance on the validity of later designs over earlier designs owned by the same entity; and
• the test for unregistered design infringement and the assessment of what constitutes a "part"

The Claimant (Schnuggle) designs, manufactures and sells baby products. The First Defendant (Munchkin) is a large US company, which operates in the same area and the Second Defendant (Lindam) is an indirect subsidiary of Munchkin and a distributor of their products in the UK.