The court has ruled that Toi-Toys manufactured and distributed imitations of Boti’s Doctor Squish-Squishy Maker toys.
Boti has won its legal battle against Toi-Toys, which was found guilty of manufacturing and distributing an imitation of the Doctor Squish-Squishy Maker toy through the retail chain Action.
The court has ruled that Toi-Toys is prohibited from further violating the copyrights of Boti‘s Squishy Maker and must cease exploiting the commercial success of the product. Additionally, Toi-Toys is ordered to disclose the scale of its distribution of the infringing product and to initiate a recall of all units from the market, including from various European branches of Action. Subsequently, the destruction of the products has been mandated by the preliminary relief judge.
Boti has expressed its satisfaction with this outcome. The lawsuit was initiated not only to safeguard Boti’s intellectual property, but to also deter the entry of counterfeit products into the market.
“Making and selling a counterfeit product is unacceptable from an ethical point of view and acting in this way, solely for the sake of financial gain, can never be a justification. We hope that this ruling will play a significant role in curtailing counterfeit activities in the Dutch and international market. We also hope that it encourages companies to revise their policies and firmly denounce counterfeiting,” commented Nico Blauw, CEO of Boti. He added: “Boti would like to thank everyone for the enormous support the company has received. The expressions of support have been overwhelming and clearly reflect how many fellow toy suppliers view these practices.”
In October, Boti identified that a counterfeit version of its Doctor Squish-Squishy Maker was being sold at Action for an unusually low price. Closer inspection revealed that the Squishy Factory product was essentially an exact replica, mirroring everything from the design and colour scheme to the content and packaging. Boti promptly initiated legal proceedings to halt the sales of Squishy Factory.
Boti stands for Big On Toy Innovation., with a mission to develop innovative, high-quality and safe toys, providing children with the ultimate play experience. The development of an innovative product at Boti typically spans one to two years, involving significant financial investment. This process includes extensive research, multiple design and development phases and various quality assurance processes to ensure a safe and responsible final product. Production only commences once Boti is completely satisfied with the product, which is then continually improved post-market launch. Significant costs are also incurred in developing marketing materials, such as TV commercials, culminating in a product that both Boti and its consumers can take pride in. This entire developmental process involves investment amounting to hundreds of thousands of euros.
In contrast, a counterfeit manufacturer incurs only a fraction of these costs by bypassing many of these critical steps, explaining the substantial price difference between the original and the counterfeit product.