Trunki Design Case Reaches Supreme Court
6 November 2015, Leanne Robinson
Magmatic , the maker of the children’s ride on suitcase Trunki, and rival PMS International, the maker of the Kiddee case, are battling it out in the Supreme Court. Bristol based Magmatic is claiming that PMS International, a Hong Kong based firm, has infringed its registered design.
While both companies sell a variety of ride on suitcases decorated to look like animals, the key is what scope of protection the registered design provides. The registered design includes CAD drawings of a ride-on case with no surface decoration. One question is, therefore, whether surface decoration on the actual Trunki and Kiddee cases should be taken into account.
An original High Court judgement went in favour of Magmatic, but was subsequently overturned by a Court of Appeal Decision.
Practitioners and small businesses are eagerly awaiting the verdict on this case as the outcome may impact the scope of protection for registered community designs.