Hollister Inc and another v Medix Ostomy Supplies Ltd: [2012] EWCA Civ 1419; [2012] WLR (D) 327
“When taking an account of costs on a normal basis under English law following infringement of a trade mark, the court was not required or permitted to assess damage caused to the claimant by the infringement nor to embark on a general inquiry into proportionality of the remedy nor to weigh factors which would point to a higher or a lower award. When the court calculated net profits it was not permissible for a defendant to allocate a proportion of its general overheads to an infringing activity.”
WLR Daily, 9th November 2012
Source: www.iclr.co.uk
