IP News

March 2016

Registered Designs – Any point after Supreme Court decision in Trunki case?

Everyone agreed that the Trunki suitcase was a terrific product having a highly innovative design.  Indeed Magmatic thought it was so good that they brought out their version – the one on the left. 

Screen Shot 2016-05-25 at 21.13.18

Since Trunki had obtained a Community Registered Design, you might have thought that they would be able to stop Magmatic in its tracks.  Believe it or not, the Supreme Court found no infringement.

How could this be? It seems that Trunki might have made a big mistake in registering their design in forms such as:

Screen Shot 2016-05-25 at 21.21.28

Whereas they might have succeeded if they had registered their design as:

Screen Shot 2016-05-25 at 21.25.09

What a sad day for Trunki and all those wanting a registered design system in which substance is more important than form.                                               

michael@mrh-ip.com © Michael Harrison 2018