Equisafety Limited v Battle, Hayward and Bower Limited & Anor

Equisafety Limited v Battle, Hayward and Bower Limited & Anor

The court found the gross profit for the Packaging Period to be £24,356. After deducting 14% for general overheads, the net profit was £20,947. Applying a 60% apportionment to reflect the proportion of profits attributable to the infringement, the sum due to the Claimant was £12,568. Interest was awarded at 2.5% over the average base rate for the period, compounded annually.

Parties
Claimant: Equisafety Limited; First Defendant: Battle, Hayward and Bower Limited; Second Defendant: Richard Michael Dewey
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Intellectual Property (trade Mark Infringement and Passing Off) / Trial of Account of Profits Following Liability Judgment
Outcome
Claim allowed in part; account of profits awarded to Claimant with interest.
Legal Topics
Trade Mark Infringement, Passing Off, Account of Profits, Apportionment of Profits, Overheads Deduction, Interest on Judgment
Intellectual Property Law Trade Mark Infringement Passing Off Account of Profits Apportionment of Profits Overheads Deduction Interest on Judgment

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Parties

Equisafety Limited

Claimant

Battle, Hayward and Bower Limited

First Defendant

Richard Michael Dewey

Second Defendant

Procedural Posture

Intellectual Property (trade Mark Infringement and Passing Off) / Trial of Account of Profits Following Liability Judgment

Legal Issues

  1. 1 Accuracy of gross profit figures for infringing products
  2. 2 Appropriateness and calculation of general overheads deduction
  3. 3 Proportion of net profits attributable to infringement

Ratio Decidendi

The court found the gross profit for the Packaging Period to be £24,356. After deducting 14% for general overheads, the net profit was £20,947. Applying a 60% apportionment to reflect the proportion of profits attributable to the infringement, the sum due to the Claimant was £12,568. Interest was awarded at 2.5% over the average base rate for the period, compounded annually.

Court Disposition

Claim allowed in part; account of profits awarded to Claimant with interest.

Orders

  • Defendant to pay Claimant £12,568 as profits attributable to infringement, subject to interest at 2.5% over average base rate, compounded annually from 21 January 2020.
  • Parties to agree the final sum for profits plus interest and terms of the order.