Infinni Innovations SA v OFMS Limited & Ors

Infinni Innovations SA v OFMS Limited & Ors

The Defendants' surreptitious extraction and use of the Claimant's confidential data via cyberattacks constitutes a serious issue to be tried for breach of confidence; the Claimant did not breach the duty of fair presentation; the balance of convenience and practicality do not justify restraining agency access to migrated data, but warrant an injunction prohibiting Defendants' own commercial exploitation and use of the data; a modified disclosure affidavit is necessary to police the injunction.

Parties
Claimant: Infinni Innovations S. A.; First Defendant: OFMS Limited; Second Defendant: OMLAB Digital Limited; Third Defendant: Pavlo Kharmanskyi; Fourth Defendant: Danyl Romanov
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Commercial Interim Injunction / Post Return Day, Interim Relief Determination
Outcome
Interim injunction continued with modifications; fair presentation challenge dismissed; disclosure order granted.
Legal Topics
Breach of Confidence, Database Rights, Cybersecurity, Interim Injunctions, Disclosure Orders, Foreign Law Applicability, Duty of Fair Presentation
Commercial Law Intellectual Property Data Protection Equity Breach of Confidence Database Rights Cybersecurity Interim Injunctions +3 more

Case Brief

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Parties

Infinni Innovations S. A.

Claimant

OFMS Limited

First Defendant

OMLAB Digital Limited

Second Defendant

Pavlo Kharmanskyi

Third Defendant

Danyl Romanov

Fourth Defendant

Procedural Posture

Commercial Interim Injunction / Post Return Day, Interim Relief Determination

Legal Issues

  1. 1 Whether the Defendants breached confidence by extracting and using confidential data from the Claimant's CRM platform
  2. 2 Whether the Claimant breached the duty of fair presentation at the without notice hearing
  3. 3 Whether an interim injunction should restrain Defendants from facilitating agency access to extracted data

Ratio Decidendi

The Defendants' surreptitious extraction and use of the Claimant's confidential data via cyberattacks constitutes a serious issue to be tried for breach of confidence; the Claimant did not breach the duty of fair presentation; the balance of convenience and practicality do not justify restraining agency access to migrated data, but warrant an injunction prohibiting Defendants' own commercial exploitation and use of the data; a modified disclosure affidavit is necessary to police the injunction.

Court Disposition

Interim injunction continued with modifications; fair presentation challenge dismissed; disclosure order granted.

Orders

  • Defendants restrained from accessing Claimant’s servers or extracting further data without consent.
  • Defendants prohibited from using Extracted Data for AI training, market analytics, attracting new customers, or on platforms other than OnlyMonster.