Court of Appeal rules that Trunki suitcase is not infringed by rival ride-on suitcase
Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181Former Dragon's Den entrepreneur, Robert Law, designer of the well-known Trunki ride-on suitcase, suffered a major blow last week when the
Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181
Former Dragon's Den entrepreneur, Robert Law, designer of the well-known Trunki ride-on suitcase, suffered a major blow last week when the Court of Appeal reversed the previous High Court decision and found that the discount rival ride-on "Kiddee Case" did not infringe the Trunki's Community Registered Design ("CRD"). The Appeal judge found that the trial judge at first instance had made mistakes in his assessment of whether the Kiddee Case had infringed the Trunki CRD because he had wrongly interpreted the registered design and had improperly excluded various aspects of the design of the Kiddee Case. Under the circumstances, it was open to the Court of Appeal to re-evaluate the matter for itself and it concluded that there were many significant differences between the Kiddee Case and the Trunki CRD and the overall impression created by the two designs was very different.
Click here to read the full article and case commentary.
Former Dragon's Den entrepreneur, Robert Law, designer of the well-known Trunki ride-on suitcase, suffered a major blow last week when the Court of Appeal reversed the previous High Court decision and found that the discount rival ride-on "Kiddee Case" did not infringe the Trunki's Community Registered Design ("CRD"). The Appeal judge found that the trial judge at first instance had made mistakes in his assessment of whether the Kiddee Case had infringed the Trunki CRD because he had wrongly interpreted the registered design and had improperly excluded various aspects of the design of the Kiddee Case. Under the circumstances, it was open to the Court of Appeal to re-evaluate the matter for itself and it concluded that there were many significant differences between the Kiddee Case and the Trunki CRD and the overall impression created by the two designs was very different.
Click here to read the full article and case commentary.