The High Court has ruled that Magmatic’s Community Registered Design for a child's ride-on suitcase, sold under the "Trunki" trade mark, was infringed by the defendant's "Kiddee Case" suitcase, as were various UK unregistered designs relating to the "Trunki" product. The design of the "Kiddee Case" had been inspired by that of the "Trunki" product. One of the key issues was whether the disclosure at an award ceremony of an earlier concept design, known as the "Rodeo", by Magmatic’s founder fell within the disclosures exception to novelty in Article 7(1). Although the judge found that it did not (and was therefore a prior disclosure) he did not find it formed part of the design corpus of which the informed user would be aware, due to its relative obscurity.
For the full text of the decision, please click here