Magmatic has been refused permission by the Court of Appeal to appeal again to the Supreme Court against the ruling that PMS’s Kiddee Case does not infringe Magmatic’s Community Registered Design for the Trunki.
Last month, the Court of Appeal overturned the previous decision of Mr Justice Arnold and found that PMS’ Kiddee Case did not infringe Magmatic’s Community Registered Design as the Kiddee Case created a very different overall impression from the Trunki.
The Lord Justices of Appeal went on to say that the surface horned animal decoration on the Kiddee Case should have been taken into account as it significantly affected how the shape of the case struck the eye.
On learning of the decision last month, Trunki’s Rob Law said that he thought the Court of Appeal were wrong and that he intended to fight on and appeal to the Supreme Court.
Today, the Court of Appeal has today refused to grant Magmatic the permission to appeal any further.
The Lord Justices of Appeal stated that they did not believe it was appropriate to grant permission because they had made a finding that there was no infringement, which was specific to the circumstances of the present case and did not believe it raised any points of general public importance for the Supreme Court to consider.
“We didn’t expect to be granted permission by the Court of Appeal," said Law.
"It would be unusual as it’s a way of saying the judge accepts the decision may not be right.
"More often, permission is refused and you apply for the permission from the Supreme Court, which is what we’ve done”