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Hasbro v 123 Nahrmittel [2011] EWHC 199 (Ch)

Case Summary  |  Judgment  |  11 February 2011

 

John Baldwin QC and Henry Ward acted for the defendant in this trial heard by Mr. Justice Floyd in January 2011. Hasbro owns the trade mark Play-Doh for squishy modelling compounds. Since many consumers refer to the product as play dough, the Defendant thought it could use that expression in its marketing. Unlike Play-Doh, the Defendant’s product is a dry mix which, after making into a dough, you can bake and eat (as a biscuit or similar). The Defendant advertised its product as ‘the edible play dough’, relying on the fact that this was what it was. The court granted an injunction to restrain trade mark infringement and passing off. What will the court of appeal decide?