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The ride is over – Magmatic loses its battle for exclusivity in the children's ride-on animal suitcase market


21 March 2016

Last week the English Supreme Court (the SC) handed down its judgment in Magmatic Ltd v PMS International Ltd concerning the infringement of a Community Registered Design (CRD) in a children's Trunki ride-on suitcase owned by Magmatic Ltd.

The SC dismissed Magmatic's appeal, and upheld the judgment of the Court of Appeal that PMS's Kiddee Case does not infringe Magmatic's CRD. It stated that the Court of Appeal was right to hold that the CRD was for a wheeled suitcase in the shape of a horned animal and was not a claim for the shape alone, but for one with a strap and wheels in a colour which contrasted with that of the remainder of the product. In addition, it affirmed the Court of Appeal's analysis that the ornamentation and colours on the Kiddee Case could influence the overall impression of the shape and thus needed to be considered as part of the assessment of infringement.

The SC refused the request from Magmatic and the Comptroller General of Patents, Designs and Trade Marks to make an Article 267 TFEU reference to the Court of Justice of the European Union (CJEU), signalling the end of the road for Magmatic who may see their markets eroded with an influx of similarly shaped, but differently decorated children's suitcases.

Click here for the full analysis of the decision.


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