IP analysis: The winner in an IP infringement action will normally ask the court for an order for procedures to take place so that a proper level of compensation or restitution can be calculated. There are two different ways in which the money can be calculated, namely an inquiry as to damages, and an account of profits. The two remedies are mutually exclusive. The winner has to opt for one or the other. Gregor Grant of Marks & Clerk, considers what happens if the winner opts for one remedy, then later changes its mind.
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