Aldi Stores -v- Dunnes Stores [2016] IEHC 256 (15 March 2016)

Aldi Stores -v- Dunnes Stores [2016] IEHC 256 (15 March 2016)

The rule of law requires a plaintiff to elect between an inquiry into special damages (pecuniary loss) or an account of profits, but does not require election between general damages (non-pecuniary loss) and an account of profits. Election should only be required when the plaintiff has sufficient information to make an informed choice. The defendant's application to compel election at this stage, and to require election between general damages and account of profits, is misconceived and contrary to law.

Citation
[2016] IEHC 256
Parties
Plaintiffs: Aldi Stores (Ireland) Limited and Aldi GmbH & Co. KG; Defendant: Dunnes Stores
Jurisdiction
Ireland
Judgment Date
15 March 2016
Procedural Posture
Trademark Infringement and Misleading Comparative Advertising / Application by Defendant for Order Requiring Plaintiffs to Elect Between Damages or Account of Profits Prior to Quantum Module
Outcome
Defendant's application refused
Legal Topics
Trademark Infringement, Remedies (damages Vs. Account of Profits), Comparative Advertising, Procedural Law (election of Remedies)
Intellectual Property Law Commercial Law Trademark Infringement Remedies (damages Vs. Account of Profits) Comparative Advertising Procedural Law (election of Remedies)

Case Brief

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Parties

Aldi Stores (Ireland) Limited and Aldi GmbH & Co. KG

Plaintiffs

Dunnes Stores

Defendant

Procedural Posture

Trademark Infringement and Misleading Comparative Advertising / Application by Defendant for Order Requiring Plaintiffs to Elect Between Damages or Account of Profits Prior to Quantum Module

Legal Issues

  1. 1 Whether a plaintiff in trademark infringement proceedings must elect between an inquiry into damages or an account of profits, and at what stage such election must be made
  2. 2 Whether a plaintiff can claim both general damages and an account of profits
  3. 3 Whether the rule of election applies to general damages as well as special damages

Ratio Decidendi

The rule of law requires a plaintiff to elect between an inquiry into special damages (pecuniary loss) or an account of profits, but does not require election between general damages (non-pecuniary loss) and an account of profits. Election should only be required when the plaintiff has sufficient information to make an informed choice. The defendant's application to compel election at this stage, and to require election between general damages and account of profits, is misconceived and contrary to law.

Court Disposition

Defendant's application refused

Orders

  • Application for order requiring plaintiffs to elect between damages or account of profits at this stage is refused