31 Aug 2012
INTELLECTUAL PROPERTY DEVELOPMENT CORP V PRIMARY DISTRIBUTORS NZ LTD COA CA37/2011
- Citation
- openlaw-72e01c51_ce28_460b_b869_13dc58f4ae5d.pdf
- Court
- Court of Appeal
The appellants failed to prove that any portion of the directors' management fees constituted profits attributable to the infringing Hefty sales; while Leplastrier is not absolute law and directors must disgorge remuneration proven to be profit from infringement, the evidence here was insufficient to establish such attribution so the High Court ruling refusing disgorgement was upheld and the appeal dismissed.