Innovation First filed a lawsuit last week against Clinton Cards and one of its suppliers, Only 4 U Limited, along with the supplier’s managing director, Kishorilal Devchand Gosar Shah.
Innovation First claims intellectual property infringement in respect of the Hexbug Nano micro robotic toy.
The lawsuit contends that the defendants committed infringement of registered and unregistered European design rights in the Hexbug Nano design. Innovation First also claims the firm passed-off through deceptive packaging, by the sale, offer for sale, and stocking for sale of the imitation products sold and marketed under the names Micro-Insect and Jitterbugz.
Tony Norman, chief executive officer of Innovation First International, commented: "We are delivering on the international promise we made to the toy industry to aggressively protect the intellectual property of our brands and products from those who, at any point in the supply chain, profit from infringing our rights.
"We encourage suppliers, retailers and customers to beware of these imitators that take advantage of our product design, packaging and marketing, while we work to get them off retail shelves and remove them permanently from the market."
Innovation First wishes to stop the defendants from further infringing the company’s IP, to discontinue the distribution and sale of the Micro-Insect and Jitterbugz products, and to recover compensation for the defendants’ actions, which may include any profits the Defendants have made, or may make from the products.