Registered Community Designs: Magmatic Ltd v PMS International Ltd
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