#HTE

Are These Two Designs Illegally Similar? The UK’s Supreme Court Says No

Design infringement IS serious business: in this case a primary question decided by the UK courts was whether or not the Kiddee, an animal-shaped suitcase on wheels, makes a “different overall impression” than the Trunki and I think, from a designer’s perspective at least, that it is pretty clear. The creator of Trunki, Rob Law, as quoted by the BBC in their story on the verdict, says he was "bewildered by this judgment, not just for ourselves but for the huge wave of uncertainty it brings to designers in Britain”.

The fight has made its way up through successive levels of the courts since 2013 and has also played out publicly with both sides issuing statements and publicity photos of their lines. It ultimately lead to humorously similar images of the parties brandishing judgements made in their favor: 

In 2003 the Trunki was registered as six CAD images and although the Supreme Court Justice that ruled on the case said, “it appears clear” the Kiddee Case had been conceived “as a result of seeing a Trunki and discovering that a discount model was not available.”

So does Kiddee deserve to win this one? Read the judgement here and let us know…

What sayeth you, Lord CAD Monkey?