Tuesday 3 August 2010

Damages: links to notes on two recent UK decisions

On the question of how generous a judge should be (not very generous, it seems) when making an interim award of damages for patent infringement, Alan Nuttall Ltd v Fri-Jado UK Ltd and another, Patents Court for England and Wales, 30 July 2010, at [2010] EWHC 1966 (Pat), the analysis of Mr Justice Kitchin can be read on PatLit here.

A bigger issue -- that of how much, if any, of the blame for the total collapse of a trade mark owner's business can be attributed to the activities of an infringer -- is considered in the somewhat tortuous case of Fearns (trading as Autopaint International) v Anglo-Dutch Paint & Chemical and others [2010] EWHC 1708 (Ch), 9 July 2010, a Chancery Division, England and Wales, ruling of George Leggatt QC, serving as a Deputy Judge. You can contemplate this ruling on Class 46 here.

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