IP-2022-000020 - [2023] EWHC 1303 (IPEC)

I heard evidence from three witnesses. Mr Balal Ahmad Khan is (with his brother Shoaib Khan) a director of the Claimant. He gave evidence about the creation of the BKS-001 design. Mr Mohammed Abdul Kader is the Third Defendant and also the sole director and shareholder of the First Defendant. He gave evidence about the creation of the First Defendant’s cargo trousers which were alleged to infringe. Mr Kamrul Hassan is the Second Defendant. He purchased 500 pairs of the First Defendant’s cargo trousers and sold them via his own eBay page.

Both sides’ counsel were to some extent successful in discrediting the evidence of the other side, as I shall explain in more detail below.

I will now deal with each of the issues in turn.