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High Court judgment in a damages inquiry concerning an unregistered design right infringement claim (Original Beauty v G4K Fashion)

Published on: 14 January 2022
Published by: LexisPSL
  • High Court judgment in a damages inquiry concerning an unregistered design right infringement claim (Original Beauty v G4K Fashion)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Lost profit damages
  • Reasonable royalty
  • Additional damages
  • Case details

Article summary

IP analysis: On 24 February 2021, the High Court found that seven of the defendants’ Oh Polly dress designs infringed the unregistered design rights of the claimants. It was also held that the defendants had copied some of the claimants’ garments and that the defendants’ infringement was flagrant. It is rare in IP cases for damages inquiries to take place. Therefore practitioners will welcome this judgment. His Honour Judge Stone addressed the following three heads of damages sought by the claimants: standard damages in respect of the claimants’ lost profits on garments which, but for the defendants’ sales, would have been made by the claimants; a reasonable royalty on the defendants’ remaining sales; and additional damages pursuant to the earlier finding of flagrancy. Written by Lucy Marlow, senior associate at JMW Solicitors LLP. or take a trial to read the full analysis.

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