Annex A
.4.The Claimant’s case was that its products are sold throughout the UK and Europe. Its evidence however concentrated upon the sales made through Padgett in the UK and Ireland, through toy retailers and a variety of high street outlets such as Morrisons, and TK Maxx. Sales are also made through Amazon.co.uk.5.The Defendant’s US parent company was described by Mr Oddie, the managing director of the Defendant, as one of the world’s leading creators of licensed pop culture products. For convenience, I shall refer to the various companies in the group as “Funko.” Funko takes intellectual property licences from rights owners, and makes and sells merchandise as spin offs from games, films and the like. For instance, it has a licence to produce Harry Potter merchandise. It sells a range of “Pop! Vinyl” figures, which are small plastic figures with an oversized square head depicting a character from a film, game, etc. Funko also sells action figures, which more accurately depict the characters, plush soft toys, and board games, as well as ranges of clothing, homeware, etc. Mr Oddie accepted that the pop vinyls and action figures are toys although some may also be classed as “collectibles.”6.7.The Claimant’s counsel described FNAF as “a series of horror video games which might be said to invoke the ‘evil toys come to life’ trope.” Mr Oddie of Funko described them as “fright video games intended to scare the player …” In the first three games of the franchise, the player controls a security guard at “Freddy Fazbear’s Pizza,” who tries to avoid being attacked by various hostile animatronic characters including Freddy (a bear), Foxy, Chica and Bonnie. Different versions of the characters feature in the various games in the series. For instance, I was told that the third game features “Phantom Freddy” and “Phantom Foxy”, the fourth, “Nightmare Freddy” and “Nightmare Foxy” and later games have “Rockstar Freddy”, “Molten Freddy” and “Twisted Foxy.” Numerous products have been produced by Funko under the licence from Scottgames, including pop vinyls of many of these characters.8.This claim relates to characters from the fifth game in the FNAF series, the first iteration of which was launched in 2016, which is called “Five Nights at Freddy’s: Sister Location.” As the name suggests, the location of the action is different. This game features the characters “Funtime Freddy” and “Funtime Foxy.” A range of action figures, pop vinyl and plush toys which represent “Funtime Freddy” and “Funtime Foxy” were developed by Funko during 2017. These were sold in the UK by the Defendant and the Claimant complains that as they have the word Funtime on their packaging these goods infringe its Marks. Images of some of the Defendant’s goods are at