Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors

Champagne Louis Roederer (CLR) (Roederer) v J Garcia Carrion SA & Ors

In the absence of evidence from the infringer, the court accepts the claimant's evidence and calculations regarding infringing sales and profits, makes no deduction for general overheads, and does not apportion profits, awarding the full calculated profit as recoverable.

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 / Account of Profits Following Trade Mark Infringement Judgment
Outcome
Account of profits awarded to claimant against first defendant.
Legal Topics
Trade Mark Infringement, Account of Profits, Disclosure, Damages, Confusion and Dilution, Overheads Allocation
Intellectual Property Commercial Law Trade Mark Infringement Account of Profits Disclosure Damages Confusion and Dilution Overheads Allocation

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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 / Account of Profits Following Trade Mark Infringement Judgment

Legal Issues

  1. 1 Determination of infringing sales and profits
  2. 2 Appropriate deductions for overheads
  3. 3 Apportionment of profits attributable to infringement

Ratio Decidendi

In the absence of evidence from the infringer, the court accepts the claimant's evidence and calculations regarding infringing sales and profits, makes no deduction for general overheads, and does not apportion profits, awarding the full calculated profit as recoverable.

Court Disposition

Account of profits awarded to claimant against first defendant.

Orders

  • J Garcia Carrion S. A. to pay Champagne Louis Roederer €1,332,844.64 as profits derived from infringing sales in the UK between 19 March 2004 and 31 December 2010.
  • No deduction for general overheads or apportionment of profits.