Case Nos: IP-2023-000039 and IP-2023-000132 - [2024] EWHC 2889 (IPEC)

On 22 December 2023 Kaiyan issued the claim form in claim no. IP-2023-000132 (‘the Kaiyan Claim’). The defendants are the three I-Smart Parties.

Kaiyan seeks (1) a declaration that RD 966 is invalid, (2) an order restraining the I-Smart Parties from maintaining the ISD Claim or bringing any other claim for infringement of IP rights in the face mask or neck bib and from claiming any IP rights in the products, all these on the ground that ISM is in breach of the NDA. Ms D’Arcy is joined as the third defendant in the Kaiyan Claim on the basis of the allegation that she is jointly liable with ISM and ISD.

The I-Smart Parties have filed a counterclaim in the Kaiyan Claim seeking a declaration that ISD owns all IP rights in the face mask and neck bib and an order that Kaiyan assign all such rights as it may have to ISD.