The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon
7 SAVOY COURT, LONDON, WC2R 0EX, ENGLAND
Tel:
Work 020 7667 5000
Fax:
Fax 020 7667 5100
DX:
44617 MAYFAIR
Email:
Web:
www.harbottle.com
Harbottle & Lewis LLP, Mark Irving, London, ENGLAND

Mark Irving

Tel:
Work 020 7667 5000
Email:
Web:
www.harbottle.com
Harbottle & Lewis LLP

Work Department

Family

Position

Partner
Mark Irving handles all aspects of private family law with a particular emphasis on complex financial and children cases, and those with an international dimension.

Member

Resolution

Back to index

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

Legal Developments in London

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to