The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging infringement, and said that under Regulation 91, the court had a duty to grant a stay where the issue was already before another … Continue reading Samsung Electronics (UK) Ltd and Another v Apple Inc: ChD 4 Apr 2012

The parties disputed an alleged infringement of a registered design in the Trunki, a child’s suitcase designed to be ridden on, and other infringements of copyright in the packaging. PMS now appealed on the issue of whether the defendant’s Kiddee Case infringed the CRD. Held: The appeal succeeded. The judge had made two errors. First … Continue reading Magmatic Ltd v PMS International Ltd: CA 28 Feb 2014

The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and sold a similar product. Claims were now made alleging infringement of (i) Community Registered Design, (ii) design rights in a number of designs relating to the Trunki; (iii) the copyright in the artwork for the packaging of the Trunki; … Continue reading Magmatic Ltd v PMS International Ltd: PatC 11 Jul 2013

Overall Impression of Design is a Judgment The respondent had alleged infringement of its registered design in the ‘Trunki’, a ride-on children’s suitcase. At first instance, the judge had held that the surface decorations were to be ignored. On appeal it had been held that the judge had failed properly to allow for the overall … Continue reading PMS International Group Plc v Magmatic Ltd: SC 9 Mar 2016