Keyfresh IT Ltd v Itech Information Technology Ltd [2018] EWHC 1337 (Ch) (10 May 2018)

Keyfresh IT Ltd v Itech Information Technology Ltd [2018] EWHC 1337 (Ch) (10 May 2018)

There are serious issues to be tried regarding passing off, copyright infringement, and breach of confidence. Damages would not be an adequate remedy due to the difficulty in quantifying loss and the risk that the defendants could not satisfy a damages award. The balance of convenience favours preserving the status quo as at the time of the asset sale to Keyfresh, justifying the grant of limited injunctive relief.

Citation
[2018] EWHC 1337 (Ch)
Parties
Claimant: Keyfresh IT Limited; Defendant: iTech Information Technology Limited
Jurisdiction
England and Wales
Judgment Date
10 May 2018
Procedural Posture
Interim Injunction Application / Application for Interim Injunctive Relief Pending Trial
Outcome
Interim injunction granted in limited terms.
Legal Topics
Passing Off, Copyright Infringement, Breach of Confidence, Interim Injunctions
Intellectual Property Commercial Law Passing Off Copyright Infringement Breach of Confidence Interim Injunctions

Case Brief

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Parties

Keyfresh IT Limited

Claimant

iTech Information Technology Limited

Defendant

Procedural Posture

Interim Injunction Application / Application for Interim Injunctive Relief Pending Trial

Legal Issues

  1. 1 Whether the defendants have engaged in passing off by using a confusingly similar company name and domain.
  2. 2 Whether the defendants have infringed copyright in the iFinity software by altering passwords and providing support services.
  3. 3 Whether the defendants have misused confidential information, specifically customer log-in details and database information.

Ratio Decidendi

There are serious issues to be tried regarding passing off, copyright infringement, and breach of confidence. Damages would not be an adequate remedy due to the difficulty in quantifying loss and the risk that the defendants could not satisfy a damages award. The balance of convenience favours preserving the status quo as at the time of the asset sale to Keyfresh, justifying the grant of limited injunctive relief.

Court Disposition

Interim injunction granted in limited terms.

Orders

  • Defendants restrained from using the name 'iTech Information Technology Limited' and from holding themselves out as successor to iTech IT Limited.
  • Defendants restrained from using confidential information and from interfering with Keyfresh's systems as at 9.14 am on 12 April 2018.