Munchkin’s Bath Not a Copy - What Is Reality?

In an earlier news report, we informed our readers about a lawsuit in the English High Court over what Catalyst Inc., the maker of the baby bathtub called Shnuggle, felt was an infringement on their copyright of the design of their baby bathtub.

The across the pond lawsuit pitted Belfast, Northern Ireland based Catalyst, Inc. against Van Nuys, California, United States, Munchkin. The claim by Catalyst was that Munchkin had infringed on two Registered Community Designs in particular – RCD-763 and RCD-196, in addition to a copyright design that was not registered.

Shnuggle Becomes Big With Baby Website Advice Blogs

Back in March of 2018, Prince Harry and wife Meghan Markle were at fair for entrepreneurs and there they came upon the Catalyst, Inc. baby bath Shnuggle and were photographed inspecting the product. It soon exploded all over baby website advice columns as a possible bit of equipment to be used for a future royal. It was also rated by ReviewLab.com as the Best Bath for Newborns in 2019 and has been extremely popular in the United Kingdom in blogs on baby health information and bath products.

Judge Dismisses Infringement Lawsuit

Intellectual Property and Enterprise Court Judge Melissa Clarke has dismissed the case, stating that she had no doubts that the Munchkin Sit and Soak was not a copy of the Shnuggle baby bath. She ruled that although the RCD-196 design copyright that covered a Shnuggle baby bath earlier version was valid, the bath design had been updated to the RCD-763 design. Baby website advice states that she went further and completely invalidated the RCD-763 design altogether saying that it did not have any characteristics that set it apart from most other baby baths. Judge Clarke said that the teardrop shape of the Munchkin Sit and Soak sets it apart from other baby baths, including the Shnuggle.

The Designs Are Similar, But Not Copied

When looking at the two products side by side there is no denying that they are very similar in looks. They both offer a similar shape, a reclining back surface, a non-slip backing to help keep the baby from sliding, and both include a ‘bump’ for the baby’s rear to rest against to prevent the baby from sliding all the way into the tub. They both provide a relatively safe bathtub that is all about baby bathing.

However, what the Munchkin Sit and Soak offers and Shnuggle does not is a much lower price and a handle and spout in the bottom of the tub that allows water to drain out. A review quoted on baby website advice blogs states that the two tubs are pretty much the same except for the lower price. Of course, if a person is buying the Shnuggle from America, one needs to remember that the product is coming from the United Kingdom. It’s up to users to decide which one they like best, as the British court has made it decision, but not about which one is better.