Introduced to the nation in Dragon’s Den, Trunki has grown to become a popular and instantly recognisable brand.
The bright and colourful children’s luggage which can be ‘ridden’ by their young owners across airports is owned by the company Magmatic, who also own rights to the unique design of the suitcase.
However, on November 10th, Trunki made its appearance in the Supreme Court on a landmark intellectual property case.
Magmatic have challenged Hong Kong based PMS International for design infringement, who are behind the ‘Kiddee’ suitcase brand, which are decorated in a near identical fashion to the Trunki designs.
The case has a long history, with the High Court ruling in favour of Trunki in July 2013. However, the decision was reversed in the court of appeal in March 2014 on the argument that the registered design of Trunki was for the design only, but not the surface decoration.
Rob Law, the founder of Magmatic, has found support from Sir Terence Conran and Kevin McCloud after launching a #ProtectYourDesign campaign on Twitter in reaction to losing the appeal.
The Supreme Court case will be the first time the UKs highest court has had to consider the Community Design regime, which protects designs across the EU.
Both companies fought their case in the Supreme Court on Tuesday, and the decision will be made within weeks. The outcome of this high profile case will have huge implications for smaller businesses who rely on their designs and intellectual property to make a profit.
The case can still be referred to the European court of justice.