Magmatic Ltd v PMS International Ltd [2014] EWCA Civ
The maker of the Trunki ride-on suitcase for children brought a claim against PMS for infringement of Community Registered Design, UK unregistered design right and copyright against the seller of the Kiddee Case, which is also a ride-on suitcase for children. In July 2013, Arnold J held that the claim succeeded in relation to the Community Registered Design, four of the six pleaded UK unregistered designs and the copyright in the safety notice on the Trunki packaging. PMS appealed the finding of Community Registered Design infringement.
PMS’s appeal was allowed. The Court of Appeal held that the judge had made two errors in interpreting the Community Registered Design in issue. The judge also erred in failing to take into account the surface decoration on the designs alleged to infringe. Having carried out its own comparison of the respective overall impressions created on the informed user, the Court found that the Kiddee Case does not infringe the Community Registered Design.
Mark Vanhegan QC and Chris Aikens appeared for PMS.