NIPC Law

© Kameraprojekt Graz 2015 / Wikimedia Commons / CC BY-SA 4.   Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Tipping v Smith [2026] EWHC 1855 (22 July 2026) In  Damages for Trade Mark Infringement - Fendi Italia and others v Rolo Fashion Ltd and another   30 Aug 2026, I explained that claimants in intellectual property cases whose rights have been infringed have "the choice of   seeking damages (compensation for the loss or damage that they sustained as a result of the infringements) to be assessed in proceedings known as 'an inquiry as to damages' or the surrender of any profits that the defendants had obtained from the infringements assessed in proceedings known as an 'account of profits.'"   Although Judge Melissa Clarke, who heard  Tipping v Smith   [2026] EWHC 1855, called the proceedings a "quantum trial" they were also an inquiry as to damages.  Cause of Action An important difference between  Fendi It...

Fendi Christmas Decoration in Taipe i Author : MiNe Licence: CC BY 2.0 Source : Wikimedia Commons Jane Lambert Intellectual Property Enterprise Cou rt (HH Judge Hacon) Fendi Italia SRL and others v Rolo Fashion Ltd and Another [2026] EWHC 1703 (IPEC) (9 July 2026) This was an action for trade mark infringement.  Each of the following companies owned well-known fashion brands protected by registered trade marks: Fendi Italia Srl ;  Loewe SA ; Christian Dior Couture SA  and Celine SA . Their holding company was  LVMH Moët Hennessy Louis Vuitton SE ("LVMH").   LVMH and its subsidiaries alleged that Rolo Fashion Ltd. ("Rolo")  had infringed their marks by selling what they described as "counterfeit luxury goods" bearing one or more of their marks.   The Default Judgment They obtained a freezing injunction  against Rolo without notice on 3 Sept 2024 and a default judgment against Rolo and its director, Georgia Aldridge ("Ms Aldridge") o...