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Legal Coverage |
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Mandy’s Cup Runs Over With Legal Success
Mandy Haberman, 46, mother of three and female inventor of the year, has scored a third legal triumph in defending her award-winning cup, the world’s first non-spill training beaker with a one piece valve. She started an action against Royal King Infant Products (Thailand) after colleagues noticed products being marketed through Kruidvat Holding, infringing the patent rights of the Anywayup. However, shortly before proceedings were due to start she reached an out-of-court settlement. Both companies agreed to halt the sale of their cups and hand over the remaining stock to her.
Now 500 of the cups are being donated to two charities, the Jacob’s Well Appeal and Operation Christmas Child. They will distribute them to hospitals, orphanages and medical centres in Afghanistan and Eastern Europe.
Daily Telegraph UK,
9 October 2000
The Battle of the Beakers
A new spill-proof cup for toddlers was a winner. Then the big boys joined in.
For now, Mrs. Haberman and V&A marketing, the company with which she teamed up to make and market the spill proof Anywayup Cup, are victorious. Earlier this month, the High Court upheld their claim against Jackel International, maker of Tommee Tippee, for alleged copying of her patented invention.
In August 1998 Mrs. Haberman saw a Tommee Tippee cup that looked a lot like hers - or at least like the early prototype. By August 14 a writ had been served on Jackel but the damage had already been done. 'Our market fell from underneath us', says Mrs Haberman. 'Sales nearly halved.'
Thanks to an injunction preventing further infringement of the patent, the threat of lay-offs for the workers has been lifted. Jackel is thought likely to go for an appeal, which would be heard in about 18 months and meanwhile has substituted the valve system with two alternatives.
It is clear that for all the entreaties for inventors to take out patents, this onerous process is not enough to ensure protection. Because judges tend to favour challenges to patents unless the product is genuinely innovative, individuals need to get advice on the best way to take out a patent and be ready to square up to powerful rivals.
The Independent on Sunday UK,
24 January 2000
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