Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors [2017] EWHC 289 (Ch) (23 February 2017)

Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors [2017] EWHC 289 (Ch) (23 February 2017)

In the absence of any evidence from JGC, the court accepted the claimant's evidence and expert analysis, finding that all profits from infringing sales are recoverable without deduction for general overheads or apportionment, as JGC failed to discharge the evidential burden to show otherwise.

Citation
[2017] EWHC 289 (Ch)
Parties
Claimant: Champagne Louis Roederer (CLR); First Defendant: J Garcia Carrion S. A.; Second Defendant: Asda Stores Limited; Third Defendant: WM Morrison Supermarkets PLC
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Intellectual Property (trade Mark Infringement) / Account of Profits Following Liability Judgment
Outcome
Account of profits awarded to claimant against JGC for trade mark infringement.
Legal Topics
Trade Mark Infringement, Account of Profits, Damages, Disclosure, Non Compliance With Court Orders
Intellectual Property Law Trade Mark Infringement Account of Profits Damages Disclosure Non Compliance With Court Orders

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Parties

Champagne Louis Roederer (CLR)

Claimant

J Garcia Carrion S. A.

First Defendant

Asda Stores Limited

Second Defendant

WM Morrison Supermarkets PLC

Third Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement) / Account of Profits Following Liability Judgment

Legal Issues

  1. 1 Determination of profits to be accounted for by the infringer (JGC) following trade mark infringement
  2. 2 Whether deductions for general overheads or apportionment for non-infringing elements are appropriate in the absence of evidence from the infringer

Ratio Decidendi

In the absence of any evidence from JGC, the court accepted the claimant's evidence and expert analysis, finding that all profits from infringing sales are recoverable without deduction for general overheads or apportionment, as JGC failed to discharge the evidential burden to show otherwise.

Court Disposition

Account of profits awarded to claimant against JGC for trade mark infringement.

Orders

  • J Garcia Carrion S. A. to pay €1,332,844.64 to Champagne Louis Roederer as profits derived from infringing sales.