Magmatic Ltd v PMS International Group Plc
The Kiddee Case does not infringe the CRD because the overall impression produced by the Kiddee Case, including its graphical decoration and colour, is significantly different from that of the CRD, which is intended to evoke a horned animal. The judge erred by disregarding the effect of decoration and colour in the global comparison.
- Parties
- Claimant/respondent: Magmatic Ltd; Defendant/appellant: PMS International Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 28 February 2014
- Procedural Posture
- Civil Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Community Registered Design, Design Infringement, Scope of Protection, Interpretation of Registered Designs
Case Brief
Summary, issues, holding and outcome
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Parties
Magmatic Ltd
Claimant/respondent
PMS International Ltd
Defendant/appellant
Procedural Posture
Civil 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 Effect of graphical decoration and colour on infringement analysis
Ratio Decidendi
The Kiddee Case does not infringe the CRD because the overall impression produced by the Kiddee Case, including its graphical decoration and colour, is significantly different from that of the CRD, which is intended to evoke a horned animal. The judge erred by disregarding the effect of decoration and colour in the global comparison.
Court Disposition
Appeal allowed
Orders
- The finding of infringement is set aside.
- The Kiddee Case does not infringe Community Registered Design No. 43427-0001.
Full Case Text
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