M L Technology Limited & Anor v BEAT Sam Limited & Ors

Facts

ML Technology Limited (MLT) and Naurex Limited sued B.E.A.T. SAM Limited, Ergonos Consulting SA, Capefront S/A AG, other corporate defendants and three individuals, alleging infringement of the NAUREX registered trade marks, infringement of copyright in a website and in a consultancy contract, passing off and joint tortfeasorship. The dispute arose out of a share purchase agreement under which the Naurex business was sold, the second and third tranches of the purchase price remaining unpaid, and out of parallel proceedings in Switzerland in which Capefront claims that the marks and other intellectual property rights ought to have been transferred to BEAT. The claim was issued in November 2021, permission to serve out was granted in April 2022, and the main pleadings were completed in October 2023. Mr Daniel Alexander KC, sitting as a Deputy Judge of the Chancery Division, gave the main judgment on 18 June 2026, holding that the defendants had used the marks under implied licences terminable on reasonable notice and that there had been infringement only after the expiry of that notice. Further evidence was directed and a longer consequentials hearing was listed, at which financial relief, disclosure, injunctive relief, a publicity order, costs and costs budgeting fell to be determined.