England and Wales Case Law

Trayport Limited v E-Star Trading GmbH & Ors

Permission to serve out is set aside for most claims due to failure to meet the merits test, inadequate pleading, lack of evidence of acts within the UK, and material non-disclosure. However, permission is re-granted for (1) the NDA claim against Exxeta, (2) breach of equitable duties of confidence by the corporate Defendants, and (3) the Trade Marks Act claim against E-Star, as these claims meet the merits test and England is the appropriate forum for them. The Copying Case, most statutory IP claims, and claims against Mr Schmid fail the merits test. Material non-disclosure occurred but is r…

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• Copyright infringement
• Database rights
• Breach of confidence
• Trade secrets
• Breach of contract
• Jurisdiction and service out

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Infinni Innovations SA v OFMS Limited & Ors

The Commercial Court continued an interim injunction in a breach of confidence dispute over allegedly scraped CRM data, but refused to bar agencies from accessing migrated notes and scripts.

• Breach of confidence
• Database rights
• Cybersecurity
• Interim injunctions
• Disclosure orders
• Foreign law applicability

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Infinni Innovations SA v OFMS Ltd & Ors

Infinni Innovations SA v OFMS Ltd & Ors [2026] EWHC 470 (Comm) (03 March 2026)

The High Court continued a modified interim injunction in a breach of confidence dispute over scraped CRM data, while rejecting a fair presentation challenge.

• Breach of confidence
• Database rights
• Cybersecurity
• Interim injunctions
• Duty of fair presentation
• Foreign law applicability

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Getty Images (US) Inc & Ors v Stability AI Ltd (Re Costs)

Getty Images (US) Inc & Ors v Stability AI Ltd (Re Costs) [2025] EWHC 3419 (Ch) (17 December 2025)

The court held the defendant was overall winner on costs, but awarded the claimants 75% of their costs for the trade mark claim and reduced the defendant’s overall costs accordingly.

• Costs
• Trade mark infringement
• Copyright infringement
• Passing off
• Database rights
• Trade-mark-infringement

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Getty Images (US), Inc & Ors v Stability AI Ltd

Permission to rely on the SOCDT is refused for sections B, E, and F due to lateness, lack of proper particularisation, absence of good reason for delay, and significant prejudice to the defendant. Permission is granted only for section A (definitions) and sections C and D (datasets), subject to excision of references to new datasets and unparticularised inferences.

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• Pleadings
• Late amendments
• Copyright infringement
• Database rights
• Case management

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Getty Images (US) Inc & Ors v Stability AI Ltd (Rev1)

Getty Images (US) Inc & Ors v Stability AI Ltd (Rev1) [2025] EWHC 2863 (Ch) (04 November 2025)

High Court judgment on Getty Images’ claims against Stability AI over Stable Diffusion, including trade mark infringement, passing off, and secondary copyright infringement.

• Copyright infringement
• Trade mark infringement
• Passing off
• Database rights
• Secondary infringement
• Ai and machine learning

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Braunford LLP & Anor v Pierre Allain

The claimants have demonstrated good reason for expedition as there is real urgency to resolve whether the defendant may work for a competitor post-garden leave, and expedition will not materially prejudice the defendant nor interfere with the administration of justice. Six months is sufficient for trial preparation, and the balance of justice favours an expedited trial.

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• Confidential information
• Expedited trial
• Interim injunction
• Employee competition
• Breach of confidence
• Copyright infringement

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Getty Images (US) Inc & Ors v Stability AI Limited

Stability AI is liable for trade mark infringement under sections 10(1) and 10(2) TMA in respect of iStock watermarks generated by v1.x models (accessed via DreamStudio and/or Developer Platform) and Getty Images watermarks generated by v2.x models, as the synthetic watermarks constitute use of a sign in the course of trade, in relation to identical or similar goods/services, and cause a likelihood of confusion. However, there is no infringement under section 10(1) for Getty Images watermarks, nor under section 10(3) for any mark, due to lack of evidence of detriment or unfair advantage. No p…

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• Ai and copyright
• Secondary infringement
• Trade mark infringement
• Passing off
• Exclusive licensing
• Database rights

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Crypto Open Patent Alliance v Wright

Crypto Open Patent Alliance v Wright [2024] EWHC 3315 (Ch) (19 December 2024)

The High Court found Dr Wright in contempt for breaching anti-suit and anti-threat injunctions by threatening and filing a new claim asserting prohibited Bitcoin-related rights.

• Copyright
• Database rights
• Passing off
• Promissory estoppel
• Anti-suit injunctions
• Judicial recusal

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Crypto Open Patent Alliance v Dr Craig Steven Wright

The High Court held Dr Wright in contempt for breaching an injunction by threatening and issuing proceedings about Bitcoin, Satoshi Nakamoto, copyright, and database rights.

• Contempt of court
• Injunctions
• Passing off
• Copyright
• Database rights
• Promissory estoppel

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