KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC 1303 (IPEC) (02 June 2023)

KF Global Brands Ltd v Lead Wear Ltd & Ors [2023] EWHC 1303 (IPEC) (02 June 2023)

The BKS-001 design was not original as it was a copy of the Aldi design with only a minor change (pen loops to pen pocket), which does not create a new design right in the whole article. Therefore, no UKUDR subsists and the claim fails. Even if infringement were considered, the acts occurred in Bangladesh and do not constitute infringement under UK law.

Citation
[2023] EWHC 1303 (IPEC)
Parties
Claimant: kf global brands limited; First Defendant: lead wear limited; Second Defendant: kamrul hassan; Third Defendant: mohammed abdul kader
Jurisdiction
England and Wales
Judgment Date
02 June 2023
Procedural Posture
Intellectual Property Infringement / Final Judgment After Trial
Outcome
Claim dismissed
Legal Topics
UK Unregistered Design Right, Originality, Infringement, Copyright, Designs and Patents Act 1988
Intellectual Property Design Law UK Unregistered Design Right Originality Infringement Copyright, Designs and Patents Act 1988

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

kf global brands limited

Claimant

lead wear limited

First Defendant

kamrul hassan

Second Defendant

mohammed abdul kader

Third Defendant

Procedural Posture

Intellectual Property Infringement / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant's BKS-001 cargo trousers design is original for UKUDR protection
  2. 2 Whether defendants infringed the design right under s 226 and s 227 of the Act
  3. 3 Whether additional damages should be awarded under s 229(3)

Ratio Decidendi

The BKS-001 design was not original as it was a copy of the Aldi design with only a minor change (pen loops to pen pocket), which does not create a new design right in the whole article. Therefore, no UKUDR subsists and the claim fails. Even if infringement were considered, the acts occurred in Bangladesh and do not constitute infringement under UK law.

Court Disposition

Claim dismissed

Orders

  • Action dismissed; no relief granted to claimant