The UK Court of Appeal has issued a significant judgment on the scope of protection afforded by Registered Community Designs (RCDs) in Magmatic Ltd v PMS International Ltd. The case concerned a claim of infringement brought by Magmatic Ltd (Magmatic), creator of the popular children’s ride-on suitcase range, Trunki, against PMS International Ltd (PMS), which manufactured a discount variant of ride-on suitcases inspired by the Trunki range. The Court of Appeal held that the trial judge, Justice Arnold, had erred in principle by disregarding surface decoration and colour contrast in his global assessment of the similarities between the two products.Continue Reading UK Court of Appeal Rules on Scope of Registered Community Design Rights
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Irish pottery designs subject of US proceedings
By Alison Quinn on
Posted in Intellectual Property
A US based Irish pottery designer, trading as Kara Irish Pottery, has initiated proceedings in Massachusetts against Belleek Pottery and it US subsidiary claiming infringement of her designs. Kara Irish Pottery, with offices in Derry City and Boston, is claiming that Belleek Pottery has been "palming off" its products as its own despite allegedly using Kara Irish Pottery designs.
In court documents filed in late December, the plaintiff claims that her trademarked designs on her pottery reflect "unique and distinctive element of Celtic art and culture". Continue Reading Irish pottery designs subject of US proceedings
Festive Battle in the High Court
By Alison Quinn on
Posted in Intellectual Property
Zatori Results Limited, an online retailer, has initiated High Court proceedings against Shop Direct Ireland Limited, trading as Littlewoods Ireland, seeking a High Court injunction preventing the defendant from selling their version of a Christmas jumper. They are also seeking damages for alleged infringement of its unregistered design rights, with sales of their jumper down 75% compared with sales in 2012.
The jumper in question was initially designed and sold by the Plaintiff in 2012 and became a commercial success, being one of the top selling Christmas jumpers on Amazon. Their design features a snowman, Christmas trees and stars on a navy blue background, similar to the alleged infringing jumper being sold by the Defendant.Continue Reading Festive Battle in the High Court