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This morning Lord Neuberger handed down the judgment of the UK Supreme Court in the Trunki case, PMS International Limited v Magmatic Limited [2016] UKSC 12.
We are devastated and bewildered by this judgement, not just for ourselves but for the huge wave of uncertainty it brings to designers across Britain," he said. In conclusion, by agreeing that the CoA's criticisms of the HC's approach and that the HC judge had therefore materially misdirected himself, the CoA was entitled to reconsider the question of infringement and reach its own conclusion. The overall impression of the CRD was that of a horned animal and this was not given proper weight at first instance.
Products made to this design, sold as the Trunki, have been internationally successful, with an estimated 20% of British 3-6 year olds owning one!The team is joined by GuestKats Kevin Bercimuelle-Chamot, Alessandro Cerri, Anastasiia Kyrylenko, Nedim Malovic, Marcel Pemsel and Anna Maria Stein. Arty Rajendra, partner at law firm Rouse Legal, described the court ruling as an “undoubted blow for UK design and creative industries”. Designers preparing material for filing a CRD will now have to take extra care in how they present their innovative products.