Design rights for child’s ride-on suitcase infringement
The High Court has ruled that the PMS International ‘Kiddee Case’ suitcase infringed Magmatic’s Community-registered design for its ‘Trunki’ child’s ride-on suitcase (CRD).
The High Court had to decide whether the disclosure of a concept design at a public award ceremony some years earlier fell within the ‘obscure disclosures’ exception to novelty in Article 7(1) of the Community Designs Regulation (CDR). A Community design (whether registered or unregistered) must be both ‘new’ and have ‘individual character’. For these purposes, Article 7(1) states that a design shall be deemed to have been made available to the public if it has been published following registration or otherwise disclosed before the date of filing of the application for the registered Community design, except if these events could not have been reasonably known in the normal course of business to those specialised in the sector concerned and operating within the EU.
The key question was whether the CRD was invalidated by the disclosure at a public award ceremony of a design for ride-on suitcase called ‘Rodeo’. PMS argued that if the CRD covered its ‘Kiddee Case’ then it also covered the ‘Rodeo’ design, so invalidating the CRD, which in that case was neither novel nor had individual character at the time of registration…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?