Magmatic Ltd. v. PMS International Group Plc

[2016] UKSC 12, [2016] RPC 11 (2016)

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Magmatic Ltd. v. PMS International Group Plc

United Kingdom Supreme Court
[2016] UKSC 12, [2016] RPC 11 (2016)

MP

Facts

In 1998, the founder of Magmatic Ltd. (plaintiff) designed a children’s ride-on suitcase that looked like a small, horned animal. In 2003, Magmatic registered this design as a community registered design (CRD) in the European Union (EU). The design was represented by three-dimensional images created with computer-assisted design (CAD) software. The images were in grayscale, featuring a gray body with contrasting black design elements. PMS International Group Plc (PMS) (defendant) imported into and sold in the EU a similar suitcase called a Kiddee Case. Kiddee Cases had the same basic shape as Magmatic’s CRD; however, they looked more like particular animals, with, for instance, additional coloring and antennae instead of horn-like protuberances. In 2013, Magmatic sued PMS for infringing its CRD. The court of first instance concluded that Magmatic’s CRD was for a horned-animal-shaped suitcase, and found that the Kiddee Case, having the same shape, infringed it. PMS appealed, and the court of appeal found that the lower court had erred by circumscribing its reading of the CRD’s overall impression to its shape. The court of appeal expanded the overall impression to include shape and coloring, and it overturned the lower court on infringement. Magmatic appealed to the United Kingdom Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Neuberger, J.)

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