Magmatic Ltd v PMS International Group Plc [2014] EWCA Civ 181 (28 February 2014)
The proper comparison for infringement of a registered design must include surface decoration and colour if they affect the overall impression; the Kiddee Case creates a different overall impression from the CRD and does not infringe.
- Citation
- [2014] EWCA Civ 181
- Parties
- Claimant/respondent: Magmatic Ltd; Defendant/appellant: PMS International Group Plc
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2014
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; finding of infringement reversed.
- Legal Topics
- Community Registered Design, Design Infringement, Scope of Protection, Interpretation of Design Registration
Case Brief
Summary, issues, holding and outcome
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Parties
Magmatic Ltd
Claimant/respondent
PMS International Group Plc
Defendant/appellant
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the Kiddee Case infringes Community Registered Design No. 43427-0001
- 2 Proper scope and interpretation of the CRD
- 3 Whether surface decoration and colour should be considered in infringement analysis
Ratio Decidendi
The proper comparison for infringement of a registered design must include surface decoration and colour if they affect the overall impression; the Kiddee Case creates a different overall impression from the CRD and does not infringe.
Court Disposition
Appeal allowed; finding of infringement reversed.
Orders
- The Kiddee Case does not infringe Community Registered Design No. 43427-0001.
- Judgment of Arnold J set aside.
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