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...

Authors Ben Sutherland   Beyond My Ken   Licence CC BY-SA 2.0 Source Wikimedia Commons     Jane Lambert Chancery Division (Mr Justice Zacaroli) Smith v Dryden and others [2021] EWHC 2277 (11 Aug 2021) This was a claim by Kelly-Marie Smith against Kesi Dryden and others for copyright infringement. The claimant wrote the words and music for a song called Can You Tell Me .  She claimed that copyright subsisted in those works and that those copyrights had been infringed by the performance, recording and publication of the song Waiting All Night.  The song had been written by James Newman and recorded by the band Rudimental .  The action came on for trial before Mr Justice Zacaroli between 20 and 26 July 2021. At para [86] of his judgment in Smith v Dryden and others [2021] EWHC 2277, the learned judge dismissed the claim. The judge referred to s.1 (1) and s.3 (1) of the Copyright, Designs and Patents Act 1988 . He also cited para [33] of Judg...