The Hon Mr Justice Arnold made the judgement. At a further hearing later this month in which the Judge will decide what to Order to put the judgment into effect, Magmatic shall be seeking to stop pan-European dealings of the Kiddee Case by its opponent PMS International Limited. As of now, all Kiddee Cases are infringing the Trunki design.
The creator of Trunki, Rob Law, saw his dedicated investment into securing various IPs prove the opposite- winning a significant legal battle against PMS International Limited, who has been making products infringing the Trunki ride-on case for the last year.
Despite not having patent protection for the ride-on suitcase, the legal case was won on three counts:
- Registered community design filed in 2003
- Unregistered design on aspects of the design
- Copyright in aspects of the packaging.
Margaret Briffa of Briffa solicitors acting for Trunki made this statement: “The Trunki versus PMS case effectively sets a brand new precedent in case law. As the design of the Trunki was held by the Court to represent a substantial departure from what had been known before it was therefore entitled to broad protection. It was not in dispute that the Kiddee Case and Trunki design were not identical, but on carefully considering the similarities and the differences between the designs, the court decided that the Kiddee Case infringed the European registered design.”
Magmatic will be working towards the withdrawal of the Kiddee Case from sale from all retailers’ stores including WH Smiths, The Range, Sports Direct, Matalan and discount stores.
Rob Law commented: “Today is a real win for creative British companies who invest time and money into innovation. We’ve put a flag firmly in the ground which will be cited for future IP cases and which will hopefully deter others from creating products to a design that is close to earlier pioneering design.”
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