KF Global Brands Limited vs Lead Wear Limited and Others

This case concerned an action for infringement of the UK unregistered design right (UKUDR) in the design of KF Global Brands Limited's BKS-001 cargo trousers.

TLDR:

• KF Global Brands Limited claimed infringement of their cargo trousers design.
• The court examined the originality of the design and whether it was copied.
• The court found the BKS-001 design was not original and dismissed the claim.

The claimant, KF Global Brands Limited, alleged that the defendants, Lead Wear Limited, Kamrul Hassan, and Mohammed Abdul Kader, infringed their UK unregistered design right in the BKS-001 cargo trousers. The case involved determining the originality of the design and whether the defendants' products infringed upon it.

The factual background revealed that the BKS-001 design was created by Mr. Balal Ahmad Khan, a director of the claimant. The defendants' products were manufactured in Bangladesh by S&S Swimwear. The court had to consider whether the design was original and whether the defendants' products infringed upon it.

The court examined the originality of the BKS-001 design, focusing on whether it was copied from an earlier design known as the Aldi design. Mr. Khan's evidence was scrutinized, and the court found inconsistencies in his testimony. The court concluded that the BKS-001 design was a copy of the Aldi design with minor changes, which did not create a new design right.

Regarding primary infringement, the court found that the defendants' products were made in Bangladesh and that any potential authorisation to make those products was also in Bangladesh. Therefore, the court concluded that there was no infringement of the UK design right.

On the issue of secondary infringement, the court found that the defendants did not have reason to believe their products were infringing, especially given the lack of detailed information in the letter before action sent by the claimant.

As a result, the court dismissed the claim, concluding that the BKS-001 design was not original and that there was no infringement by the defendants.

Legal representatives: Mr. Ian Silcock (instructed by Birkett Long LLP) for the claimant, Mr. Joshua Marshall (instructed by E1 Solicitors Limited for the First and Third Defendants, and by Law Valley Limited for the Second Defendant) for the defendants.

Judicial Panel: Recorder Douglas Campbell KC

Case Citation Reference: [2023] EWHC 1303 (IPEC)