Unregistered Design Right - KF Global Brands Ltd v Lead Wear Ltd
Jane Lambert Intellectual Property Enterprise Court (Mr Recorder Campbell KC) KF Global Brands Ltd v Lead Wear Ltd and others [2023] EWHC 1303 (IPEC) (2 June 2023) This was an action for unregistered design right infringement. The claimant, KF Global Brands Ltd ("KF"), claimed design right in the design of BKS-001 cargo trousers. A pair of those trousers appears above. The document below was alleged to record the design. KF alleged that a Bangladeshi company called S&S Swimwear made copies of those trousers (a sample of which appears below) in Bangladesh: It complained that S&S sold those trousers to Lead Ware Ltd (the first defendant) and Mr Kamml Hassan (the second defendant) for resale in the UK. The defendants denied that design right subsisted in the design of the BKS-001 trousers on the ground that the BKS-001 design had been copied from the design of the following garment known as "the Aldi trousers." They also denied that...