The company has secured a double victory in the Court of Appeal and Intellectual Property Enterprise Court.
Both Gift House and B&M were found to have infringed Wow! Stuff’s patent rights and design rights in its Air Swimmers remote controlled flying toys, by selling counterfeit products known as Mega Fliers in the UK.
Gift House had previously been found liable for selling counterfeit products in August 2014 following a trial at IPEC. It then launched appeal proceedings at the Court of Appeal, only to withdraw its own appeal within weeks of the hearing in early 2016; but only after it was forced to make a substantial payment towards Wow! Stuff’s appeal costs.
Following the Gift House defeat, B&M accepted that it had also infringed Wow! Stuff’s IP rights in its Air Swimmers toys. It consented to judgment being entered against it in IPEC with damages and costs to be assessed. B&M also consented to an injunction being made against it to prevent it from further infringing Wow! Stuff’s IP rights.
A spokesperson for Wow! Stuff said: “This is a victory for inventors and toy companies the world over who work together to develop great toys. The majority of the profits often go back into further R&D.”
Wow! Stuff has notched up a number of other victories in the last 18 months against other infringers of its IP rights.