The Supreme Court rules on European design law for first time, Alastair Shaw & Emily McClure report
The Trunki range of ride-on suitcases for young children has been enormously successful since they were first marketed in 2004. Magmatic Ltd (Magmatic), the owners of the registered Community design for the Trunki ride-on suitcase (the Trunki RCD), estimate that in 2011 approximately 20% of all three to six year olds in the UK had one.
PMS International Ltd (PMS), a manufacturer in the discount toy sector of the market, recognised the Trunki's qualities and also spotted a potential gap in the market for a discount version. In 2012, PMS started to sell their own range of ride-on suitcases, which they called the Kiddee Case.
High Court decision
Magmatic sued PMS for infringement of the Trunki RCD, as well as for infringement of its unregistered design rights in the Trunki design, and copyright in the artwork for its packaging.
In July 2013, the High Court ruled that the Kiddee Case did infringe the Trunki RCD, but did not infringe its packaging artwork copyright (Magmatic
