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Legal Developments by:
Harbottle & Lewis LLP

  • Account of profits v damages: when and why does it matter?

    Since 2007, Experience Hendrix LLC(Hendrix) and Times Newspapers Ltd (Times) have been litigating over the intellectual property rights (IPR) in a recording of a Jimi Hendrix concert that took place at the Royal Albert Hall in February 1969. In September 2006 Times distributed a free CD, or covermount, with each edition of The Sunday Times . A claim was issued against Times in March 2007 for infringement of copyright and performers’ rights under the Copyright, Designs and Patents Act 1988. In March 2008 the High Court held that Times had infringed the IPR in the recording and Hendrix elected to have an inquiry as to damages in respect of that infringement. The case has given rise to some complex issues as to the basis for the quantification of damages, and the inquiry is due to be heard next year, but the case is also a reminder of more general considerations in relation to remedies in IPR cases, and why the basis for quantification of those remedies can have far reaching consequences for a successful claimant.

    - Harbottle & Lewis LLP

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