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From ‘Dragons’ Den’ to Lawyers’ Lair!
by Wendy Munt, UK Toy Industry and Retail Expert Witness.
The world of Toy Litigation is big business and Toytown has seen some high profile cases in
recent years, notably the 7 year long intellectual prope. page 16rty ‘battle of the dolls’ between
Barbie v Bratz and Argos and Littlewoods being fined £22.6m for Price Fixing on Hasbro
As an expert witness in the UK Toy Industry and
Retail, Wendy Munt has worked with some of the
notorious Dragons and entrepreneurs from the
BBC’S ‘Dragons Den’; in an advisory capacity and
now with Kings Counsel. As an expert, she is able
to survey the landscape of her profession after 24
years working in senior commercial buying roles for
4 major retail giants and 12 years as a consultant to
many clients ranging from SME’s to industry
megabrands Lego, Disney and many other blue-chip
leading companies. Peter Jones and Theo Paphitis
have benefited from her expertise and Wendy has
used it to build positive working relationships with
Law firms to now also work as an Expert Witness. She
is currently involved in a long-running competition
case which is due to go to trial at the High Court this
October.
growing industry helps bring together much loved
brands and consumers in new and innovative ways
and now accounts for 28% of the UK toy market.
With my licensor clients who own the character
brands, I help maximise their sales and royalties
through recommending the best suppliers and
factory manufacturers with whom to partner from a
product and reliability of supply perspective.
The three-way relationships between licensors,
licensees and retailers are close, symbiotic ones, so
it is essential all parties work effectively together.
Having worked in both toy retail buying and for a toy
supplier, I can help clients on how they can best
achieve strong and mutually beneficial trading
relationships.To be a Toy Industry expert takes many
years of understanding the diverse dynamics of its
many types of toy; some being heavily influenced by
consumer trends and others recurring annually. Each
category performs very differently to the rest in
their level of sales, margin, timing, responsiveness to
promotion, competitiveness and ability to sell in
different types of retailer.
Having spent 34 years in the UK Toy Industry and in
commercial retail on both sides of the retailer/supplier
fence, I have experienced most of the many
complexities faced in all areas of manufacturing,
importing, retailing and licensing. This uniquely
enables me to assist my clients throughout any part of
a toy products’ cradle-to-grave journey. For retailer
clients, I create and implement category buying and
merchandise plans to meet their strategic objectives
and deliver successful ranges which grow their sales,
profitability and market share of their branded, own
label and character licensed toys.
Being a fast moving fashion industry, the need for
differentiation of products and offers, and speed to
market are all vital for success. I also assist clients with
new toy product development using my extensive
knowledge of the market sectors, brands and pricing,
with combining my detailed knowledge of its business
models for supply.
Some toy inventor and SME clients come to me to
assess if their concept is commercially viable ahead of
potentially wasting considerable time and money on
development. If I feel the idea is worth progressing, I
often also help manage the toys’ development process
from conception to its launch into the marketplace.
Given the vast size of the global toy market and
dramatic growth in online shopping, there has been
a considerable increase in the quantity of infringing
and unregulated toys offered online. Infringing
goods include counterfeit toys, trademark infringing
toys, and unlicensed items. Litigation concerning
Intellectual property disputes on toy products occur
reasonably often. Two major players within the plush
toy industry are currently embroiled in a legal battle
over copyright infringement. The dispute is between
Build-A-Bear and Squishmallows and the outcome
of the lawsuit is believed to ‘shape the landscape of
intellectual property protection for plush toys’ especially
with regard to distinguishing between original designs
and copycat products.
Following achieving commercial success in a specific
toy category, some toy companies are keen to diversify
into new toy sectors and naturally want to be sure if it
would be a wise move. By sharing my knowledge of
the opportunities and challenges which may exist with
specific categories, they are able to determine if the
risks are worth taking and if such a transition is right
for their business.
Brand licensing allows toy companies to ‘rent’ a
popular brand such as Star Wars, Peppa Pig and use
it to drive sales of their toys. When children have a
strong connection with a character brand, they want
it to be present in every part of their lives; nightwear,
backpacks and clothing being the leading categories
for licensed merchandise for children. With the global
licensing industry reaching $280.3bn in 2021, this
EXPERT WITNESS JOURNAL
The most high profile case in the toy industry was also
a dispute over intellectual property. Mattel sued MGA
Entertainment and the originating designer, Carter
Bryant, claiming design rights of Bratz dolls as he had
the idea for the Bratz dolls whilst employed by Mattel
at the time and whilst still working with Mattel, Bryant
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