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16 November 2012
Issue: 7538 / Categories: Case law , Law digest , In Court
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Trade mark

Hollister Incorporated and another company v Medik Ostomy Supplies Ltd [2012] EWCA Civ 1419, [2012] All ER (D) 114 (Nov)

Article 13 of Parliament and Council Directive (EC) 2004/48 (on the enforcement of intellectual property rights) did not require a court undertaking an account of the profits made by the infringer to adjust that account by reference to the profits lost by the right holder. It was incumbent on national authorities to adopt appropriate measures to deal with infringements, including infringements resulting from a failure to give notice. Such measures had to be proportionate, and they had to satisfy the principles of equivalence and effectiveness. An account of profits did not compensate the trade mark owner for the losses he had suffered. It simply deprived the infringer of the profits he had made from an activity in which he should never have engaged. Therefore, it ensured the infringer had not benefited from his wrong, but contained no element of punishment. Moreover, as an equitable remedy, it might be refused if, for any reason, it would produce an

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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