We have been instructed in a number of cases where the claimant has had to consider whether to elect for damages or an account of profits. In those cases where an election has been made for an account of profits we are experienced in the application of the principles and framework set out in the leading case of Celanese International Corporation -v- BP Chemicals Limited (1999) R.P.C. 203.
Recent cases include:
- Acting for a world renowned department store in connection with substantial claims brought by an overseas licensee following the termination of the exclusive licence agreement between the parties. The heads of claim included not only loss of profits and wasted expenditure but also an Account of Profit made by the licensor from the goods the licensee argued should have been purchased by the licensor from the licensee.
- Instructed by the claimants to produce an Account of Profits in respect of a US manufacturer and UK distributor of cleaning materials following the Court's finding of trademark infringements.