Court of Appeal reverses Trunki’s High Court registered design success
Recently, the Court of Appeal allowed an appeal by PMS International of a finding from Mr Justice Arnold in the High Court. The dispute was about ride-on children’s suitcases — PMS’s ‘Kiddee Cases’ — which was openly admitted to be designed to be a cheaper version of Magmatic’s ‘Trunki’ range.
PMS argued that it had not infringed Magmatic’s Community registered design, but did not appeal Arnold J’s other finding that it infringed certain UK unregistered design rights owned by Magmatic.
The findings of the court, and why the case is important for designers and practitioners alike, are explored in this article by John Coldham, an associate in Wragge’s team with particular expertise in design law…
Click on the link below to read the rest of the Wragge & Co briefing.
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…despite representation and warranty to the contrary. A helpful decision for lenders