Trunki has won a court case against PMS International, with the High Court ruling PMS International’s Kiddee Case infringes the European protected design of the Trunki.
Magmatic, the firm behind the popular Trunki ride-on suitcases, started taking legal action against factories, distributors and importers of counterfeited products back in March.
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 and copyright in aspects of the packaging.
The Judge will decide how to put the verdict into effect at a hearing to be held later in the month but the ruling has deemed that all Kiddee Cases are infringing the Trunki design.
“The Trunki vs. PMS case effectively sets a brand new precedent in case law,” said Margaret Briffa of Briffa solicitors acting for Trunki.
“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.”
At the future hearing, Magmatic will be seeking to stop pan-European dealings of the Kiddee Case, working towards the withdrawal of the Kiddee Case from all stores including WH Smiths, The Range, Sports Direct, Matalan and discount stores.
“Today is a real win for creative British companies who invest time and money into innovation,” added Rob Law designer of the Trunki suitcase and CEO
“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”.