Trunki ruling: Legal reaction points to far-reaching impact of case

March 11, 2016
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Legal experts said the Trunki case would have far-reaching implications, particularly over the use of Community-registered designs, which are meant to be a cheap and effective way for business to protect their designs.

Magmatic’s registered design showed computer-aided drawings of the Trunki which included some shading and dark colours for the wheels. These had to be taken as part of the design and not ignored as Magmatic contended.

Claudia Glover, pictured, an associate director in Osborne Clarke’s Bristol-based commercial and IP litigation team, said: “Clearly, the decision will not be welcomed by many businesses in the UK.

“While it provides some much-needed clarity around the scope of protection that registered designs offer, the decision is likely to hit the design world hard. A lot of businesses are likely now to be revisiting their registered designs and their IP strategies overall.

“While the decision will be a disappointment to the company, the local business community will be happy to see a Bristol business leading a nationwide campaign and the degree of high-profile support garnered for Rob Law’s #ProtectYourDesign campaign on Twitter.”

Law firm Irwin Mitchell’s IP partner Georgie Collins added:  “This case shines the spotlight on the on-going battle between market-leading products borne out of creative design and those who produce invariably cheaper competing products which are similar but not identical.

“Today’s ruling will have far-reaching consequences for the design industry and will be seen as disastrous for those who have sought to protect their designs with Community Design Registrations as the scope of protection is now called into question. It is a massive blow to Trunki.”

The case made legal history as illustrations of the cases appear in a written ruling for the first time, Supreme Court officials said.

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