NIPC Law

The judgment of the Supreme Court in  PMS International Group Plc v Magmatic Ltd .  [2016] UKSC 12 has attracted a lot of flak over the last 24 hours much of it unjustified. According to the BBC website, Mr Robert Law, the founder of the Magmatic Ltd. which supplies  Trunki suitcases, predicted chaos after the Supreme Court upheld the Court of Appeal's decision that I discussed in  Registered Community Designs: Magmatic Ltd v PMS International Ltd   on   4 March 2014. In that decision the Court of Appeal allowed an appeal against Mr Justice Arnold's finding that the Kiddee Cases shown below had infringed Magmatic Ltd.'s registered Community design the representation of which appears above (see  Trunki loses ride-on animal suitcase court case   9 March 2016 BBC). While I have every sympathy with Mr Law who must have spent enormous sums on fruitless litigation and will no doubt face more expense after deta...

In  Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat) (11 July 2013) Mr Justice Arnold held that PMS International Ltd ( "PMS" ) had infringed registered Community design number 43427-0001 ( "the RCD" ), some of Magmatic Ltd ( "Magmatic" )'s design rights and Magmatic's literary copyright in its safety notice. Magmatic appealed to the Court of Appeal on the grounds that the judge fell into error in finding infringement of the RCD in that he had wrongly interpreted the RCD and improperly excluded from his consideration various aspects of the design of Magimax's product. In  Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 181 (28 Feb 2014) the Court of Appeal (Lords Justices Moses and Kitchin and Lady Justice Black) allowed the appeal. The Parties Magamatic makes and sells ride-on suitcases for children under the trade mark  Trunki.  Photographs of one of the products in the Trunki range appe...