Magmatic, which sells Trunki suitcases, has lost the court case with a rival over product design.
The company protested that PMS International’s Kiddee Case range infringed registered design rights.
However Supreme Court judges have now ruled against Magmatic, after analysing the case at a hearing in November 2015.
Paul Beverley, founder and MD of PMS International, commented: “We try always to work within the law and successive courts have agreed that there is no way our popular Kiddee Case can be mistaken for any other product. In reality we are operating in very different markets from our rivals and we have never been competing for the same customer base.”
Trunki CEO and founder, Rob Law, said: “We are devastated and bewildered by this judgement, not just for ourselves but for the huge wave of uncertainty it brings to designers across Britain. We created an original product in Trunki and protected it by computer generated registered design – a process used to protect a third of designs across Europe. In my honest opinion, the Trunki was willfully ripped off. We stood up to this behaviour, held it to account and took our case all the way to the highest court in the land – only for the judges to rule that we are not protected against the copy. They’re effectively sending knights into battle without armour. The law is meant to be about certainty. But this decision will create chaos and confusion among Britain’s design community, who have relied on a pan-European right which has been in place since 2002. There is meant to be parity across Europe. But this decision puts British designers at a distinct disadvantage from our European counterparts, whose Courts have a far more robust approach to infringement.”