Numatic International Ltd. V Qualtex (Uk) Ltd. In The High Court Of Justice, before Mr. Justice Floyd.

The Result

NUMATIC INTERNATIONAL LIMITED WON.

Two years after the threat of a copy Henry, Numatic is pleased to announce that it has won its lengthy court battle with Qualtex, a maker of copy products.

Judgment was given by Judge Christopher Floyd on 28 May 2010. The judge said that Qualtex had threatened to “pass off” Numatic’s long established HENRY type products as and for their own, by producing and marketing a replica machine.

The decision is significant, as the court recognised that the shape alone of the famous HENRY range of cleaners was distinctive and protectable, and a third party could mislead the public if it marketed a product of similar shape even without the smiley face and branding. On 12 July 2010 the court held that Numatic was also entitled to a declaration that, up until service of Qualtex’s Defence in the legal proceedings, there was a continuing threat to pass off Numatic’s HENRY type products.

The court awarded Numatic 92.5% of its legal costs.