NIPC Law

Lufthansa's Head Offices in Deut z-Cologne  Author Duhon   Licence CC BY-SA 3.0 Deed   Source Wikimedia Commons   Jane Lambert Court of Appeal (Lady Justice King and Lords Justices  Newey and Birss)  Lufthansa Technik AG v Panasonic Avionics Corporation and others [2023] EWCA Civ 1273 (1 Nov 2023) 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 determination of the injury, loss or damage that the claimant has suffered as a result of the defendant's wrongdoing and an order for payment to the claimant.  A cl...

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...