Colour contrasts and surface decoration in registered designs
In order to be capable of registration under the Community Designs Regulation, a design must be ‘new’ and have ‘individual character’. It will have individual character if the overall impression it produces on the informed user differs from the overall impression produced on such a user by any design that has been made available to the public before the filing or priority date of the design for which protection is sought.
In Magmatic Ltd v PMS International Ltd, the claimant, Magmatic, manufactured and sold a child’s ride-on suitcase under the trademark ‘Trunki’. The defendant, PMS, was a distributor of a competing product — the ‘Kiddee’ case. A striking feature of the Trunki design was that the handles gave the impression of a horned animal. The Kiddee design came in two main versions — one with handles that looked like an animal’s ears and one with handles that looked like an insect’s antennae.
Magmatic successfully claimed in the High Court that the Kiddee design infringed its registered design, the judge finding that despite some differences, the overall impression created by the Kiddee design was similar with the Trunki design. PMS appealed…
Click on the link below to read the rest of the Walker Morris briefing.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The courts have decided a number of high-profile cases this summer in which retailers have been involved in intellectual property disputes.
Southend-On-Sea Borough Council v Armour is a tenancy repossession case in which the tenant invoked a successful article 8 defence.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents