What the Trunki Case Means for Designers
So you have a great original innovative design (like the Trunki) and you register it for a Community Registered Design using CAD files; you might then feel entitled to sit back and think “Ha, let the copy cats come from out of the woodwork, it doesn’t matter because my design is registered so I can protect it and enforce my rights”.
Sadly however Mr Trunki did not succeed in his claim for design right infringement against an extremely similar design.
Though we have the greatest of sympathy for the makers of Trunki the problem was that a Community Registered Design only protects what is actually registered in the document supporting the application and not the idea itself. So because only CAD files of the design were registered and not specific elements of the design, the CAD files did not give enough information to find that the Kiddee case infringed the CRD.
The Supreme Court Judgement states that as much care should be given to the registration of a design as to the drafting of a patent, that line drawings give more protection than CAD files and that each and every aspect of a design should be registered, including surface decoration.
Whilst the Judge expressed sympathy for the Trunki, the fact that the CRD’s were in CAD form and without surface decoration proved to be fatal, you can ask Virtuoso how to avoid registering your design in a way that gives you little actual protection
If you have a great design, call us and get expert advice as to how to register it to ensure that it is protected.