Successful claimants in litigation in the UK can normally choose between (i) an account of profits and (ii) an inquiry as to damages. But what happens if you choose one of these options, and then change your mind? This question was addressed in the recent judgment of His Honour Judge Hacon in the IPEC (Fit Kitchen Ltd & Anor v Scratch Meals Ltd & Ors). Back in 2020, he found in favour of Fit Kitchen on trade mark infringement and passing off claims, based on its UK trade mark

There was not a lot of excitement in 2021 but one IP highlight concerned the ongoing Original Beauty v G4K saga. We first wrote about this dispute here. The 122 page judgment went into detail on the design process and inner workings of the two businesses - better known as House of CB and Oh Polly. Some other businesses might have decided to focus on identifying an appropriate settlement solution but instead we have had eight further judgments since the first High Court decisi

What connects Leonardo Da Vinci, a Christmas miracle and the possible award of exemplary damages? The answer lies in a recent High Court judgment by Mr Justice Jacobs (Salt Ship Design AS v Prysmian Powerlink SRL). The case concerned designs for a cable lay vessel produced by Salt Ship Design for Prysmian. The judge found that Prysmian (a company with annual revenue of €10 billion) had made the designs available to another designer, Vard Design AS, which was associated with t

A recent judgment from the IPEC provides a warning for anyone pursuing damages claims in IP cases. The process is time consuming, complex and may cost more in legal fees than the ultimate award. There are several bases upon which damages can be awarded. This case looks at loss of an opportunity and the notional royalty which might have been charged for the use. It also considered whether a damages uplift was justified on the basis of the flagrancy of the infringement. The alt

Photography cases have occupied a lot of the early years of the revamped IP Enterprise Court (or IPEC) more than any other type of case. For example, Temple Island v New English Teas (the red bus case), Hoffman v D.A.R.E, Delves Broughton v House of Harlot, Celebrity Pictures v B Hannah. One photography focused case which is of particular interest in the context of damages is Sheldon v Daybrook [2013] EWPCC 26. This case is relatively unusual by English court standards becau