John Baulch The Friday Blog: Two Sides to Every Story

As the glorious weather continues, there is no doubt that it has been helpful to my recovery – convalescing in the sun is by no means the worst way to recuperate. I managed a few more trips out this week, including my first spring/summer preview (Jakks) and the Hasbro Partner Day, where many people commented on how ‘well’ I was looking (although I am beginning to wonder how ropey I looked at Toy Fair, given the number of people who seem pleasantly surprised at my appearance…).

It’s certainly nice to get out and about again, and I truly appreciate a licensing company that values its partnership with trade media by inviting – rather than excluding – its key media partners to events like this. It’s not as if I would ever be daft enough to break any embargoes (duh), and it certainly helps us to understand the roadmap of where brands are going over the coming years. So, no spoilers, but there will certainly be plenty of great developments to share in the fullness of time. It was also good to see toy companies well represented in the Hasbro Partner Awards, with Vivid Goliath being recognised for its innovation and Character Options receiving the award for hardlines partner of the year. This is a particularly poignant achievement: when Hasbro took the Peppa Pig master toy range back in-house a few years ago, it was not the best news for Character. However, the two sides kept talking and found a way for Character to still play a pivotal role in the brand’s ecosystem, which has been a great long-term result for both parties.

L.O.L. Surprise! Is another iconic toy brand celebrating this week, as it marked its milestone 10th anniversary. Any toy brand that can sustain that level of success for a decade is quite an achievement, and there’s plenty to look forward to moving forward – LOL Day (7/07) saw MGA unveil L.O.L. Surprise! Music Festival, a year-long anniversary celebration inspired by the energy, creativity and culture of music festivals, whilst unveiling a brand new look-and-feel. There may not be a Glastonbury this year, but L.O.L. is bringing the vibes instead (mud and lost tent not included).

I was pleased to see that Keel Toys emerged victorious over our old ‘friends’ at Jellycat, after the Nuremberg Court of Appeal ruled that a plush version of a common bakery item with human elements is not protectable, and the general idea cannot be monopolised by IP rights. This ruling was important on a number of levels: first and foremost, it’s a victory for common sense. Richard Keel is absolutely right – if Keel Toys Ltd had not won this appeal against Jellycat, it would have created a very dangerous precedent. Overreach can be a major issue when it comes to IP protection – as this case proves. We know that counterfeit products are a major issue in the toy market, but it’s also an extremely complex subject with many grey areas. Jellycat isn’t the first company to insist it “invented” a category, when the basic idea had been around for years – and it surely won’t be the last either. The difference between following a trend and copying can sometimes be hard to define, and while every company understandably wants to protect its IP, it’s important not to cross the line.

On that note, I think it’s particularly unfortunate that such an aggressive public display of enforcement was made on the Keel stand in Nuremberg – the very visible arrival of a bailiff accompanied by six police officers might be the textbook definition of ‘heavy-handed’. And although the product did not ultimately infringe any rights, the fact that this display of force was witnessed by anyone in close proximity is still potentially reputationally damaging. Perhaps something for the organisers to think about…?

Elsewhere this week, there have been reports that Tesco is considering a sale of its central and Eastern European business…

Read the rest here.

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