Supreme Court finds directors should not be required to account for profits following trade mark infringement (Lifestyle Equities v Ahmed)

Article summary

The Supreme Court unanimously dismissed Lifestyle Equities appeal, holding that the defendant company directors, the Ahmeds could not be liable either for procuring the infringements of Lifestyle’s trade marks or on the basis of a common design, when they were not aware of the essential facts which made the use of the signs in question, by the company of which they were directors, wrongful. Additionally, the Ahmeds could not be required to account for profits made by the company and on the facts found had not themselves made any profits from the infringements. Dr Tim Sampson, Barrister at Lamb Chambers, and Emma Dunnill, Senior Associate at RPC comment on the Supreme Court's judgment.