Trunki decision “undoubted blow” for UK creative industries; questions raised over direction of design rights enforcement

Trunki decision “undoubted blow” for UK creative industries; questions raised over direction of design rights enforcement

In a case that centred on the issue of whether surface decoration should be considered when deciding whether design infringement has occurred, the Supreme Court has delivered a verdict that one commentator suggests “cements the growing perception that the pendulum swings too far in favour of the alleged infringer”.

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