13 March 2014

Real Deal or no Real Deal: Can you protect your pitch as confidential information?

It's a familiar concern. You pitch an idea to a client or investor, only to receive a polite rejection: but what's then to stop the same client or investor taking that idea forward with the help of third parties?

3 March 2014

Trunki sunki: registered design setback in Kiddee Case fight

Take a look at this picture. 

The first column depicts three aspects of the Community Registered Design of the Trunki ride-on suitcase for kids.

The 2nd and 3rd columns are photos of a competing product, the Kiddee Case (ladybird and tiger varieties respectively) in equivalent positions.

Does the design of the Kiddee Case produce on the informed user a different overall impression from that produced by the Trunki design?

This was the question the Court of Appeal had to grapple with in the latest instalment of a legal battle to resolve whether the Kiddee Case infringed Trunki's design, or whether it was legitimately satisifying a gap in the market for a discount alternative.