Nursery Today magazine

Success In Action Against Kiddee Cases

Trunki Makes Case Law

The High Court has handed a major victory to the owner of the well-known children's ride on suitcase in a judgment delivered today by The Hon Mr Justice Arnold in which he held that the “Kiddee Case” infringes the European protected design of the Trunki. At a further hearing later this month in which the Judge will decide what to Order to put the judgment into effect , Magmatic shall be seeking to stop pan-European dealings of the Kiddee Case by its opponent PMS International Limited. As of today, all Kiddee Cases are infringing the Trunki design.

Creator Rob Law of Trunki the ride-on suitcase brand was notably turned down on BBC Dragons Den in 2006.  One of the reasons the dragons cited was that the Trunki had no valuable intellectual property and rejected Law’s invention. However today saw his dedicated investment into securing various IPs prove the opposite- winning a significant legal battle against PMS International Limited, who’ve been making products infringing the Trunki ride on case for the last year.

Despite not having patent protection for the ride-on suitcase, the legal case was won on three counts:
* Registered community design filed in 2003
* Unregistered design on aspects of the design
* Copyright in aspects of the packaging.

Margaret Briffa of Briffa solicitors acting  for Trunki:

“The Trunki vs. PMS case effectively sets a brand new precedent in case law. As the design of the Trunki was held by the Court to represent a substantial departure from what had been known before it was therefore entitled to broad protection. It was not in dispute that the Kiddee Case and Trunki design were not identical, but on carefully considering the similarities and the differences between the designs, the court decided that the Kiddee Case infringed the European registered design.”

Magmatic shall be working towards the withdrawal of the Kiddee Case from sale from all retailers’ stores including WH Smiths, The Range, Sports Direct, Matalan and discount stores.

Rob Law designer of the Trunki suitcase and CEO comments “Today is a real win for creative British companies who invest time and money into innovation. We’ve put a flag firmly in the ground which will be cited for future IP cases and which will hopefully deter others from creating products to a design that is close to earlier pioneering design”.

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