In this webinar we discuss the key tenets of damage calculati ons
in trademark infringement cases, assess opportuniti es and
limitati ons under the current law and off er an outlook on potenti al
developments in a Post Brexit era.
In the United Kingdom, the calculati on of damages is undertaken
aft er trademark infringement has been demonstrated. The
rightholder can choose between damage awards or account
of profi ts. Damage awards can be described as a monetary
compensation that seeks to put the injured party in the same
positi on as if infringement had not happened (the status quo ante).
Account of profi ts again assess the infringer’s profi ts that can be
associated with the infringed trademark
Having begun in research pharmacology, Professor Engelman has worked as an intellectual property barrister since 1989, initially in-house and later at the Bar covering both contentious and non-contentious work in all areas of intellectual property and defamation law. He is a widely trusted intellectual property counsel and has developed an outstanding track record at both UK and European level.