PMS International has stated that it will “contest any appeal” lodged by Trunki in retaliation to the court decision to lift the block on UK distribution of its range of Kiddee Case suitcases.
Trunki revealed its intentions to appeal against the High Court ruling on Friday, February 28th, when it announced that it ‘believed the findings of the court to be flawed.’
Trunki initially won a High Court judgment in July 2013 against PMS International for infringing the European Community Registered Design of Magmatic’s Trunki suitcase with PMS’ Kiddee Case.
However, the judgment was overturned last week.
PMS International has now come back at Trunki’s announcement of appeal.
“It goes without saying that PMS International will contest any appeal,” said Paul Beverley, managing director of PMS International.
“It is for the Higher Courts to decide whether Mr. Law is allowed to take his case any further.
“We took great care to produce a competitively priced and quite different looking children’s ride-on case and the Court of Appeal agreed.”
The Court of Appeal last week judged that PMS’ Kiddee Cases do not infringe Magmatic MD Robert Law’s Europe wide design registration for Trunki because ‘they created very different overall impressions on consumers’ stating that the PMS versions were ‘much more animal like in appearance.’
Brian Turner of Gordons Partnership Solicitors, which has represented PMS throughout its legal proceedings, said: “Magmatic should understand that real EU law places limits on the scope of Community Registered Designs. They protect the look of a product whereas patents are for the protection of concepts.”
Beverley added: “The judgment makes it very clear that our Kiddee Cases produced a different overall impression from that produced by the Registered Design.
“The three Court of Appeal Judges were very clear that there were very many points of difference between the two cases.”
However, Magmatic argues that the impact of the decision would not only affect its own business but also jeopardise millions of existing European registered designs relied upon by small companies to protect the shape of novel products in to which they have heavily invested.
Summarizing his intentions to appeal the recent decision that favoured PMS, Law said: “This is not just a fight for our ride-on suitcase, but one which will have practical implications for all creative industries today."
The case continues.
Kiddee Case has outlined what it believes to be its points of difference from the Trunki suitcase in the above infographic.