Case preview: design rights at play in baby baths battle

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Case preview: design rights at play in baby baths battle

Royal Court of Justice

After the Trunki v Kiddee design case made its way up to the UK Supreme Court, another dispute, Shnuggle v Munchkin, is brewing

This oddly named dispute might sound like something out of a fairy tale but the case, due to be heard before the England and Wales Intellectual Property Enterprise Court this month, could make for an interesting design dispute.

The claim, filed by baby product maker Shnuggle, alleges infringement of two registered Community designs (RCDs) – 002224196-0001 and 002616763-0001 – as well as various UK unregistered designs, directed to its ‘Shnuggle Baby Bath’. 

Shnuggle is seeking an injunction to restrain the defendant, US-based Munchkin, and a UK counterpart called Lindam, from infringing its design rights. It also wants an order for delivery up or destruction of all infringing articles, and their recall and removal from commerce.

Munchkin, the claim alleges, threatens and intends to import into and sell in the UK and the EU a baby bath called the ‘Sit & Soak’ (S&S). 

The S&S product is available to buy on Amazon and retailer Argos and open to UK customers.

The Shnuggle, according to the claim, is currently the “Amazon number one best seller for baby baths and tubs” and is sold at various retailers throughout the UK.

According to the claim: “The shape of the S&S is the same or substantially the same as the shape of each of the Shnuggle designs which are relied upon. The similarities are so great that it is highly unlikely that they arose by chance, and very likely that they arose by copying.” 

It adds: “There is considerable design freedom available to a designer of a baby bath. Subject to the requirement that the bath must be of a size suitable for bathing a baby and should be capable of retaining water, a baby bath can be made in many different shapes.”

The defendant claims that the RCDs should be declared invalid.  

They add that the informed user is not merely an adult member of the public, as Shnuggle claims, but is a parent with a child of 0 to 12 months who is well-researched and particularly aware of the differences between various competing childcare products.

It remains to be seen whether this will attract the same attention as Trunki, in which the Supreme Court found that the Kiddee case did not infringe the design rights held in the Trunki ride-on suitcase

The case will begin on September 23. Gowling WLG is acting for Shnuggle and has instructed Michael Hicks of Hogarth Chambers. Munchkin is being represented by D Young & Co, which has instructed Lindsay Lane QC of 8 New Square. 



more from across site and SHARED ros bottom lb

More from across our site

There are some impressive AI tools available for trademark lawyers, but law firm leaders say humans can still outthink the bots
Lawyers at Simmons & Simmons look ahead to a UK Supreme Court hearing in which the court will consider whether English courts can determine FRAND terms when the licence is offered by an intermediary rather than an SEP owner
Firm says appointment of Jeremy Drew from RPC will help create ‘unrivalled IP powerhouse’, as it looks to shore up IP offering ahead of merger
Law firms are expanding their ITC practices to account for the venue’s growing popularity, and some are seeing an opportunity to collaborate with M&A teams
Erise IP has added a seven-practitioner trademark team from Hovey Williams, signalling its intention to help clients at all stages of development
News of prison sentences for ex-Samsung executives for trade secrets violation and an opposition filed by Taylor Swift were also among the top talking points
A multijurisdictional claim filed by InterDigital and a new spin-off firm in Germany were also among the top talking points
Duarte Lima, MD of Spruson & Ferguson’s Asia practice, says practitioners must adapt to process changes within IP systems, as well as be mindful of the implications of tech on their practices
Practitioners say the UK Supreme Court’s decision could boost the attractiveness of the UK for AI companies
New awards, including US ‘Firm of the Year’ and Latin America ‘Firm to Watch’, are among more than 90 prizes that will recognise firms and practitioners
Gift this article