Magmatic Ltd v PMS International Ltd

Magmatic Ltd v PMS International Ltd

PMS infringed Magmatic's CRD and UK design rights in designs A, B, D, and F because the Kiddee Case produced the same overall impression as the CRD and was substantially to the protected designs. The CRD was valid over the Rodeo prior art, as the overall impression differed. PMS did not infringe copyright in the Trunki artwork, as the similarities were insufficient to constitute substantial reproduction.

Parties
Claimant: Magmatic Limited; Defendant: PMS International Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2013
Procedural Posture
Intellectual Property Infringement / Final Judgment
Outcome
Judgment for claimant in part
Legal Topics
Community Registered Design Infringement, Design Right Infringement, Copyright Infringement, Scope of Protection, Novelty and Individual Character, Obscure Disclosures Exception
Intellectual Property Design Law Copyright Law Community Registered Design Infringement Design Right Infringement Copyright Infringement Scope of Protection Novelty and Individual Character +1 more

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Parties

Magmatic Limited

Claimant

PMS International Limited

Defendant

Procedural Posture

Intellectual Property Infringement / Final Judgment

Legal Issues

  1. 1 Whether PMS infringed Magmatic's Community Registered Design No. 43427-0001
  2. 2 Whether PMS infringed Magmatic's UK design rights in Trunki designs
  3. 3 Whether PMS infringed Magmatic's copyright in Trunki packaging artwork and safety notice

Ratio Decidendi

PMS infringed Magmatic's CRD and UK design rights in designs A, B, D, and F because the Kiddee Case produced the same overall impression as the CRD and was substantially to the protected designs. The CRD was valid over the Rodeo prior art, as the overall impression differed. PMS did not infringe copyright in the Trunki artwork, as the similarities were insufficient to constitute substantial reproduction.

Court Disposition

Judgment for claimant in part

Orders

  • Declaration of infringement of Community Registered Design No. 43427-0001 by PMS
  • Declaration of infringement of UK design rights in designs A, B, D, and F by PMS