Your say / bee
‘Trunki ruling to create chaos in UK design’
The Supreme Court has dismissed the registered design infringement case brought by Trunki’s parent company, Magmatic, against PMS International. While expressing sympathy for Magmatic and acknowledging that PMS had “copied Trunki”, the court ruled that the European design registration of Magmatic’s ride-on suitcase was not infringed by PMS’s lookalike product. Experts believe the decision will have far-reaching consequences for Britain’s design community.
This opinion article is by Trunki founder Rob Law:
We are devastated and bewildered by this judgment, not just for ourselves but for the huge wave of uncertainty it brings to designers across Britain.
is needed now More than ever
We created an original product in Trunki and protected it by computer generated registered design – a process used to protect a third of designs across Europe. In my honest opinion, the Trunki was willfully ripped off.
We stood up to this behaviour, held it to account and took our case all the way to the highest court in the land – only for the judges to rule that we are not protected against the copy. They’re effectively sending knights into battle without armour.
The law is meant to be about certainty. But this decision will create chaos and confusion among Britain’s design community, who have relied on a pan-European right which has been in place since 2002.
There is meant to be parity across Europe. But this decision puts British designers at a distinct disadvantage from our European counterparts, whose courts have a far more robust approach to infringement.
We strongly believe consumers will recognise Trunki as the original ride-on suitcase for children. As the Supreme Court judges themselves said in their judgment: “PMS conceived the idea of manufacturing a Kiddee Case as a result of seeing a Trunki.”
Our product quality and consumer reputation, backed by our 5-year guarantee, are convincing reasons for parents to continue entrusting their children to a Trunki. They know we’ll honour their trust.’
We’ve now reached the end of the legal process. I’d like to thank everyone who has supported us along the way. Despite all the time, expense and anguish of the past four years, I would do it again as I believe protecting British designers is an essential right if we’re to continue to be pioneers on a world stage. I’m just sorry this view isn’t shared by our country’s Supreme Court.