The Trademark Blog reports from Yahoo! that on Friday US toymaker Mattel Inc. obtained a ground-breaking European Union-wide decision against German company Simba Toys for selling products that copy Mattel's MY SCENE range of dolls. The High Court, London, ordered Simba Toys to stop making, distributing and selling products sold under the name MY STYLE in the European Union. The Court further ordered Simba to request the return of those products from retailers and its other customers, declaring that Simba had infringed Mattel’s Community design rights in its MY SCENE range of dolls.
The news report stated that, since the High Court's decision was based on Community design rights, it applies across the whole of the European Union. This would therefore be the first time that any court in Europe has made a Union-wide Order based on a Community design right. The Court ordered Simba to inform all those supplied with the infringing dolls of the Court's order, and ask for return of the infringing products. In addition, the High Court awarded Mattel costs (including legal fees) and ordered Simba to make an interim payment of £450,000 to Mattel while the detailed costs are assessed. Simba must also pay Mattel damages suffered as a result of the infringement throughout the European Union, which remain to be determined in future proceedings.
The IPKat has not yet found an available transcript of the judge’s decision in this case, but will post further information as and when it becomes available.
More on Community design rights here and here
MY SCENE dolls here
Designer dolls here, here and here
The news report stated that, since the High Court's decision was based on Community design rights, it applies across the whole of the European Union. This would therefore be the first time that any court in Europe has made a Union-wide Order based on a Community design right. The Court ordered Simba to inform all those supplied with the infringing dolls of the Court's order, and ask for return of the infringing products. In addition, the High Court awarded Mattel costs (including legal fees) and ordered Simba to make an interim payment of £450,000 to Mattel while the detailed costs are assessed. Simba must also pay Mattel damages suffered as a result of the infringement throughout the European Union, which remain to be determined in future proceedings.
The IPKat has not yet found an available transcript of the judge’s decision in this case, but will post further information as and when it becomes available.
More on Community design rights here and here
MY SCENE dolls here
Designer dolls here, here and here
FIRST COMMUNITY DESIGN ACTION ENDS IN WIN FOR MATTEL
![FIRST COMMUNITY DESIGN ACTION ENDS IN WIN FOR MATTEL]()
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Sunday, November 02, 2003
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