I-Smart Developments v Currentbody.com [2024] EWHC 2889 (IPEC)

HHJ Hacon refused an application in each of two actions for summary judgment, alternatively strike out.  Both actions concern designs for phototherapeutic devices.  The first action is a claim brought by I-Smart against Currentbody.com for infringement of UK registered designs and unregistered design rights in phototherapeutic face masks and neck bibs sold by Currentbody.com.  The second action was brought by a different party, Kaiyan Medical, against I-Smart.  Kaiyan Medical created the designs in which I-Smart claimed registered and unregistered rights and had supplied them to I-Smart.  It is also Currentbody.com’s supplier.  Kaiyan Medical’s claim against I-Smart is that in claiming rights in those designs and asserting them against Currentbody.com, I-Smart breached the terms of an NDA it entered into with Kaiyan Medical and breached an equitable duty of confidence.

I-Smart applied for summary judgment on, alternatively strike out of, Kaiyan Medical’s claims for breach of the NDA, and Currentbody.com’s defence relying on that breach, on the basis that the designs had become generally known and available to the public by the time of the alleged breach by I-Smart.  The applications were dismissed because Kaiyan Medical and Currentbody.com’s arguments in response carried some degree of conviction.  They raised arguable points of construction of the NDA that needed to be determined against the background facts at trial.

Chris Aikens appeared as sole counsel for Kaiyan Medical.

[2024] EWHC 2889 (IPEC)

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