NIPC Law

Horse's Eye Author  Waugsberg   Licence   CC BY-SA 3.0   Sourc e  Wikimedia Commons Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) E quisafety Ltd v Battle, Hayward and Bower Ltd     2023] EWHC 1821 (IPEC) (21 July 2023) and  Equisafety Ltd v Battle, Hayward and Bower Ltd and another [2024] EWHC 283 (IPEC) (15 Feb 2024) I n  Practice - Lufthansa Technik AG v Panasonic Avionics Corporation  on 10 Nov 2023 I said that proceedings in the Chancery Division take place in two stages. First, there is a trial to determine whether the defendant is liable to the claimant, If the court finds that the defendant is liable it can order an account of profits or an inquiry as to damages. An account of profits is a determination of the profits that the defendant has gained from his or her wrongdoing followed by an order for him or her to pay those profits to the claimant. An inquiry as to damages is a determ...

Author TheBrickeninaGlory Licence CC BY-SA 3.0  Wikimedia Common s   J ane Lambert Intellectual Property Enterprise Court (Mr David Stome)  Cormeton Fire Protection Ltd v Pyrocel Ltd and another [2021] EWHC 2384 (IPEC) (26 Aug 2021) These were further proceedings in a dispute between parties that had once been closely associated but had subsequently fallen out over rights to use branding that they had previously shared.  There had already been a trial before Mr David Stone which I discussed in  Trade Marks - Cormeton Fire Protection Ltd v Cormeton Electronics Ltd.   on 13 Feb 2021.  Following his judgment in that case,  Mr Stone granted the claimant an injunction, orders for delivery up, disclosure of such information as the claimant might reasonably require to choose between an inquiry as to damages  ( Island Records  disclosure) and an account of profits and an inquiry or account ar the claimant's election (see para [3] of Mr Ston...