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Trunki loses appeal on registered design rights

10 March 2016
A recent Supreme Court decision rejected the appeal of Trunki, the well-known ride on luggage case much loved by infants, that its rival’s design was infringing a registered design. 

The decision has raised much interest amid suggestions it will cause chaos in the field of design. Is this true? 

In reality it is a reminder that the scope of protection claimed must be properly identified at the time of application for registration. The current trend of annexing computer generated drawings may be insufficient to demonstrate an alleged infringer is selling a product which does not create a different overall impression.

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