The Supreme Court on 9 March 2016 dismissed an appeal by Trunki manufacturer Magmatic, which argued that a competitor product was breaching its intellectual property rights.<\/p>\n
In 2006 Mr Law appeared on BBC Two show Dragons’ Den, unsuccessfully seeking\u00a0investment for his Trunki case.\u00a0After he was rejected by the Dragons, he went on to sell more than two million of the\u00a0suitcases in more than 60 countries.<\/p>\n
Magmatic had previously registered a Community-registered design for its Trunki suitcases\u00a0which covers various colours but not surface decoration.<\/p>\n
Magmatic argued that PMS International\u2019s Kiddee Cases, which are decorated to look like\u00a0animals or insects, infringed the design rights of their Trunki suitcase.<\/p>\n
While the High Court had agreed with Magmatic in 2013, the Court of Appeal reversed that\u00a0decision and found in favour of PMS International. The Supreme Court agreed with the Court\u00a0of Appeal’s decision.<\/p>\n
Supreme Court Justice Lord Neuberger said Trunki was “both original and clever” and he\u00a0said it “appears clear” the Kiddee Case had been conceived “as a result of seeing a Trunki and\u00a0discovering that a discount model was not available”.<\/p>\n
But he said: “Unfortunately for Magmatic, however, this appeal is not concerned with an idea\u00a0or an invention, but with a design.”\u00a0The court said design law was based on the “overall impression created by a design”, which\u00a0in Trunki’s case was “an animal with horns”.\u00a0It said this was “significantly different from the impression made by the Kiddee Case, which\u00a0were either an insect with antennae or an animal with ears”.<\/p>\n
If you have a brand, something you have invented, or an original piece of work that you have\u00a0written and someone infringes your rights we can help. We can assist you in securing an\u00a0injunction and\/or damages or account of profits and the delivery up and destruction of the\u00a0offending item. If you have been accused of infringing someone\u2019s intellectual property rights\u00a0then we can also help by raising various defences and minimizing your liability.<\/p>\n
The Supreme Court on 9 March 2016 dismissed an appeal by Trunki manufacturer Magmatic, which argued that a competitor product was breaching its intellectual property rights. In 2006 Mr Law appeared on BBC Two show Dragons’ Den, unsuccessfully seeking\u00a0investment for his Trunki case.\u00a0After he was rejected by the Dragons, he went on to sell more…<\/p>\n","protected":false},"author":16,"featured_media":7427,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[221,35],"tags":[55,113,166,190,167],"class_list":["post-7423","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-litigation-disputes","category-news","tag-civil-litigation","tag-civil-litigation-solicitors","tag-commercial-litigation","tag-commercial-litigation-solicitor","tag-intellectual-property","category-221","category-35","description-off"],"_links":{"self":[{"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/posts\/7423","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/users\/16"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7423"}],"version-history":[{"count":0,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/posts\/7423\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=\/wp\/v2\/media\/7427"}],"wp:attachment":[{"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7423"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7423"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wrigleyclaydon.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7423"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}