Ifejika v Ifejika & Anor
The court found that 510,000 infringing AMO products were sold, with a net profit of £790,000, and that 2% of this profit (£15,800) was attributable to the undercut feature that infringed Victor's design right. The availability of a licence of right did not reduce the recoverable amount below this figure.
- Parties
- Claimant: Victor Ifejika; Defendant: Charles Ifejika; Defendant: Lens Care Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2014
- Procedural Posture
- Account of Profits Following Design Right Infringement / Judgment on Account of Profits
- Outcome
- Judgment for the claimant
- Legal Topics
- Design Rights, Account of Profits, Infringement, Apportionment of Profits
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Victor Ifejika
Claimant
Charles Ifejika
Defendant
Lens Care Limited
Defendant
Procedural Posture
Account of Profits Following Design Right Infringement / Judgment on Account of Profits
Legal Issues
- 1 Determination of profits attributable to infringement of UK unregistered design right in the undercut feature of the AMO product
- 2 Appropriate apportionment of profits to the infringing feature
- 3 Effect of availability of licence of right on recoverable amount
Ratio Decidendi
The court found that 510,000 infringing AMO products were sold, with a net profit of £790,000, and that 2% of this profit (£15,800) was attributable to the undercut feature that infringed Victor's design right. The availability of a licence of right did not reduce the recoverable amount below this figure.
Court Disposition
Judgment for the claimant
Orders
- Charles Ifejika and Lens Care Limited to pay Victor Ifejika £15,800
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment