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Showing posts with the label compensatory

Damages - Original Beauty Technology v G4K Fashion

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  Jane Lambert Chancery Division (Mr David Stone) Original Beauty Technology Co. Ltd and others v G4K Fashion Ltd and others [2021] EWHC 3439 (Ch) (20 Dec2021) In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021), Mr David Stone, sitting as a deputy judge of the High Court, held that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs by selling  bodycon and bandage  clothing that reproduced those designs but that they had not passed off their business as or for the claimants'. I discussed that judgment in Designs - Original Beauty Technology v G4K Fashion   on 25 June 2021. Pecuniary Remedies A party whose  intellectual property rights  are found to have been infringed is entitled to damages (compensation for the losses that it has suffered), or surrender of the profits that the infringer has gained, from the infringement but ...

Damages for infringing Copyright in Photographs - Absolute Lofts v Artisan Home Improvements

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Author Bengt Nyman Creative Commons Licence Source Wikipedia Judge Hacon's decision in  Absolute Lofts South West London Ltd v Artisan Home Improvements Ltd and Another   [2015] EWHC 2608 (IPEC) (14 Sept 2015) is an interesting authority on how to assess damages for infringement of the copyrights subsisting in photographs. In this case, His Honour considered the principles for assessing both compensatory and additional damages. The Parties Absolute Lofts South West London Ltd ( "Absolute Lofts" )  claims to be the largest loft conversion company in Greater London while Artisan Home Improvements Limited ( "Artisan" ) offers fascias, block paving and loft conversions in Bradford. The owner of Absolute Lofts was   Craig Colton  ( "Mr Colton" ) and the owner of Artisan was  Darren Ludbrook ( "Mr Ludbrook" ). The Facts At various times Mr  Colton had taken photographs of loft conversions that his company has ...