Affirmed by the Fifth Circuit, the ruling confirms that there is no legal barrier to the sale of Robo Fish in the United States. With the case dismissed, Zuru is free to legally market and distribute the Robo Fish line throughout the country.
Anna Mowbray, COO of Zuru, said: “We are extremely pleased with this ruling as we were confident once the facts were heard that the ruling would be in our favour.”
However, Tony Norman, president and CEO of Innovation First International, said: “Zuru’s Robo Fish product was developed by Innovation First and its employees, using Innovation First know-how, trade secrets and resources. We are not the first company to have been harmed by Zuru’s unlawful trade practices, and we likely won’t be the last. We are doing everything we can to communicate the situation with our retail partners, and we are on schedule to deliver a superior product at a competitive price in Europe this Fall.”
An Innovation First International spokesperson said: “The ruling only addressed the convenience of the venue where our claims should be heard. The district court judge had ruled earlier that the matter would be more conveniently heard in China, and the appeals panel decided that the district judge had discretion to make that ruling. This ruling says nothing about the substance of our claims. It just means that Zuru, at least for now, can continue to hide from the US courts. We are obviously disappointed with this ruling, but it is only one issue. We are committed to this fight, the appeals are not over, and this is only one part of a much larger battle.”