- Account of profits in IPEC—when counting paper clips does matter
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
IP analysis: In an action related to a registered Community Design (and, post-Brexit, its corresponding re-registered UK design) for a baby’s bath, after disclosure and exchange of witness statements, the defendants accepted liability for infringement. By consent, the matter proceeded to an inquiry as to damages. Following the usual provision of financial information, the proprietor elected for an account of the corporate first defendant’s profits. The second defendant was the former managing director of the first defendant, but was not pursued in the enquiry. The primary issues in contention concerned whether any general overheads could be deducted at all (a burden falling on the infringing defendant) but if they were, what allowable expenses by way of general overheads, could be deducted? Written by Paul A Harris, head of litigation at Dehns.
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