header-logo header-logo

Assessing the damage

11 October 2007 / Robert Renfree
Issue: 7292 / Categories: Features , Damages , Intellectual property
printer mail-detail

How will the IP Enforcement Directive affect damages for IP infringement? asks Robert Renfree

Few intellectual property (IP) cases proceed to a damages assessment. Usually the court will only order a damages inquiry after liability is established at trial. A damages inquiry is a substantial exercise, requiring expert accounting evidence. IP rights holders are often more interested in stopping the infringing act by obtaining a rapid injunction than in spending time and money trying to establish what their damages entitlement is, particularly where the infringer has limited finances.

Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd [2006] EWHC 1344 (Pat), [2006] All ER (D) 68 (Jun) demonstrates the principles applied when damages are assessed. Ultraframe manufacture conservatories. They developed a conservatory called Ultralite. Ultralite enabled Ultraframe’s share of the low pitch conservatory market to grow from 5% to 80%. In 2002 Eurocell launched a competing product, Pinnacle. Ultraframe issued proceedings alleging that Pinnacle had infringed Ultraframe’s patent and unregistered design rights for Ultralite. After an appeal to the Court of Appeal, it was established

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll