KF Global Brands Limited v Lead Wear Limited & Ors
The claimant's BKS-001 design was not original, being a minor variation of the Aldi design, and thus did not attract UK unregistered design right protection. Consequently, there was no valid design right to be infringed and the action failed.
- 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
- 11 September 2024
- Procedural Posture
- Intellectual Property Infringement / Judgment After Trial
- Outcome
- Claim dismissed
- Legal Topics
- UK Unregistered Design Right, Design Originality, Design Infringement, Copyright, Designs and Patents Act 1988
Case Brief
Summary, issues, holding and outcome
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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 / Judgment After Trial
Legal Issues
- 1 Whether the claimant's BKS-001 design is original and qualifies for UK unregistered design right protection
- 2 Whether the defendants infringed any such design right under sections 226 and 227 of the Copyright, Designs and Patents Act 1988
- 3 Whether additional damages should be awarded if liability is established
Ratio Decidendi
The claimant's BKS-001 design was not original, being a minor variation of the Aldi design, and thus did not attract UK unregistered design right protection. Consequently, there was no valid design right to be infringed and the action failed.
Court Disposition
Claim dismissed
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