Trunki has revealed its intentions to appeal against a High Court ruling that lifted the block of an imported rival range to be distributed in the UK.
The company 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.
The judgment was overturned in the Court of Appeal last week.
Believing the findings to be flawed, Magmatic now intends to appeal the decision to the Supreme Court and the Court of Justice of the European Union.
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.
The Court of Appeal decided that, in assessing whether one design gave the same “overall impression” as another, the surface decoration used on the Kiddee Case was relevant.
Rob Law of Magmatic, said: “This decision is problematic on many levels. In theory it means design registration for a shape can be overcome simply by adding surface decoration – like a print, pattern or marking.
“It is impossible to register the infinite amount of all surface decorations applied to one shape and this decision makes it extremely unclear what protection is granted by the European Design Registry.
“This is not just a fight for our ride-on suitcase, but one which will have practical implications for all creative industries today, putting thousands of British businesses under threat.
“By taking this decision to a higher court, we are determined to overturn this decision on behalf of all responsible businesses across Europe.”
The Court decided that the failure to include horns in the Kiddee Case contributed significantly to the judgment that the two cases gave different overall impressions.
However, the decision does not change the previous ruling that PMS International had copied certain features of the Trunki, for which it must pay Magmatic compensation.