Keyfresh IT Ltd v Itech Information Technology Ltd
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 unquantifiable losses and uncertainty of recovery. The balance of convenience favours preserving the status quo and granting limited injunctive relief to protect the purchaser's rights.
- Parties
- Claimant: Keyfresh IT Limited; Defendant: iTech Information Technology Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 10 May 2018
- Procedural Posture
- Injunction Application / Interlocutory Judgment
- Outcome
- limited injunctive relief granted
- Legal Topics
- Passing Off, Copyright Infringement, Breach of Confidence, Injunctive Relief
Case Brief
Summary, issues, holding and outcome
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Parties
Keyfresh IT Limited
Claimant
iTech Information Technology Limited
Defendant
Procedural Posture
Injunction Application / Interlocutory Judgment
Legal Issues
- 1 whether the defendants committed passing off
- 2 whether copyright in software was infringed
- 3 whether confidential information was misused
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 unquantifiable losses and uncertainty of recovery. The balance of convenience favours preserving the status quo and granting limited injunctive relief to protect the purchaser's rights.
Court Disposition
limited injunctive relief granted
Orders
- Preservation of the status quo as at 9.14 am on 12 April 2018
- Defendants restrained from conduct as to which there is a serious question as to its lawfulness
Full Case Text
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