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IPEC awards 2% of profits in account of profits claim for design right infringement

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Ifejika v Ifejika, Intellectual Property Enterprise Court

The Intellectual Property Enterprise Court has awarded £16,000 in an account of profits case that related to an infringement of registered and unregistered designs. However, this was against a total net profit of about £800,000. The reason for the account of profits being only 2% was that the judge decided that the relevant infringing element of the contact lens cleaning container was only a very small part of the overall container. The judge considered the figure of 2% felt about right in the circumstances.


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