In what has proved to be a very dirty dispute, Numatic has obtained a ruling from the High Court that Qualtex’s proposed new vacuum cleaner amounted to passing off. The prototype for the product looked quite similar to Numatic’s popular ‘Henry’ product. The bowler-hatted lid was shiny black and general look was similar, although the colour of the appliance was different and did not have Henry’s smiley face. When Numatic discovered the similar-looking product, it failed to see the funny side of things and wrote to Qualtex ordering its competitor not to continue with their similar prototype. In the end, Qualtex agreed, but the case still reached the High Court over a dispute surrounding costs. Much to Henry’s delight, the Court sided with Numatic and said that there was a real likelihood that some members of the public would be confused into buying the product believing it to be the one with the existing reputation – the ‘Henry’. Damage would result to Numatic, thus making out the grounds needed for a passing off action. It was not simply the functional shape being protected, but the image of the cleaner as being a person.
Needless to say, Qualtex thinks the ruling is rubbish. However, at least the result has meant that Henry ended up happy and was able to smile once more.