MONROE, La., May 13, 2013 /PRNewswire/ -- On the heels of its recent jury verdict against Jackel International and its affiliated companies, Luv n' care, Ltd. – maker of the famous NUBY® brand infant products – has announced that it has filed another lawsuit in Monroe against Jackel and its affiliates for breach of contract and violation of Louisiana's Unfair Trade Practices Act. The suit centers around Jackel's line of "Explora" cups with removable valves and specifically accuses Jackel of unlawfully "advertising, promoting, commercializing and selling" these products. These "Explora" products were not litigated in the prior case in which the jury awarded Luv n' care over three-quarters of a million dollars in compensation for Jackel's wrongful conduct. In the new suit, Luv n' care is seeking monetary damages and an injunction to prevent Jackel from continuing to market these unlawful products. Jackel is currently owned by 3i, a private equity group.
The recently decided Luv n' care action was the second time in a little over a decade that Jackel was found to be violating another company's rights by copying its no-spill cups. Jackel now once again finds itself accused of copying a third party's designs.
"This lawsuit against Tommee Tippee®, like the last one, is about much more than just money," said Luv n' care's CEO Edward Hakim. "It is about values. At NUBY®, we value innovating and dedicating ourselves to creating the best products in the world. We make these products to better the lives of children and parents, not for our competitors to copy in violation of the law. From its previous court losses, you would think that Jackel would learn that they just can't keep copying or utilizing other people's ideas."
In Luv n' care's recent legal victory against Jackel, the jury determined that Jackel's affiliates operated as a single business enterprise with Jackel International. As such, the affiliates were found to be liable for each entity's wrongful acts. Jackel's affiliates named in the recent and current lawsuit include: Mayborn Group Limited, Mayborn USA, Inc. (MUSA), Product Marketing Mayborn, Inc. (PMM), Jackel China, Ltd. (JCL), and Mayborn ANZ Pty Ltd. (MANZ).
This lawsuit follows a string of successful legal victories and ongoing proceedings to protect NUBY's rights in its innovations, including suits against: Jackel, Walgreens, Atico, Royal King of Thailand, Kmart, Sassy, The First Years, Philips GmbH (parent company of Philips AVENT), Baby King, Novatex, and others. Luv n' care has also filed further lawsuits against Munchkin, Toys R' Us/Babies R' Us, and others for copying its no-spill cups, and infringing Luv n' care's intellectual property rights. Moreover, Luv n' care is in the process of preparing and filing additional lawsuits against retailers, distributors, and manufacturers who willfully continue to carry or copy its protected IP products.
"Consumers deserve true innovation. Until infringers are made to pay, real innovation will be underfunded – to the detriment of children and parents everywhere," concluded CEO Edward Hakim.
Founded in 1972, Luv n' care Ltd. – which produces and sells under the NUBY® brand – is one of the leading baby and toddler product innovators in the world. NUBY's mission is to create fun, safe products that aid in the development of children while making parents' lives easier. Its products are well known not only throughout the United States, but also in over 150 countries worldwide thanks to its unique patents and designs. As the inventor of numerous patented no-spill cups, NUBY® is one of the leading cup brands in the world and holds countless patents in its full infant feeding and teething lines. With many coveted industry awards worldwide, NUBY has decades of experience and will continue to better the lives of parents and children around the globe. For more information, please visit www.nuby.com.
SOURCE Luv n' care, Ltd.