Nursery Today magazine

Supreme Court grants Trunki right to appeal in lookalike case

Trunki sued for infringing Trunki design.

Last week the Supreme Court granted the makers of Trunki, the travel on luggage for children, permission to appeal a copyright ruling.

Magmatic Ltd successfully sued PMS International Ltd, a UK and Hong Kong-based manufacturer, in July 2013 for infringing Trunki’s design with an imported lookalike case.

The Court of Appeal reversed this decision in March 2014. The Court of Appeal ruling meant CAD (computer-aided design) drawings would no longer be offered the same protection as line-drawings – which meant third parties would be able to claim differences in surface decoration could be taken in to account when comparing a registered design with that of a lookalike.
The Trunki design was registered at the European Design Office using CAD, as are a significant proportion of designs throughout the European Union (around 30 per cent). Trunki founder Rob Law argued the ruling would leave more than 350,000 creative British businesses wide open to design infringement.

Said Rob Law: ‘We are very pleased that the Supreme Court Justices have granted us permission to appeal. It’s the perfect early Christmas present. The decision recognises that there’s an unarguable case to answer. But it also confirms, as we and our supporters have always maintained, that the issue of design protection is of significant public importance.'


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