Hollister Incorporated and another company v Medik Ostomy Supplies Ltd [2012] EWCA Civ 1419, [2012] All ER (D) 114 (Nov)
Article 13 of Parliament and Council Directive (EC) 2004/48 (on the enforcement of intellectual property rights) did not require a court undertaking an account of the profits made by the infringer to adjust that account by reference to the profits lost by the right holder. It was incumbent on national authorities to adopt appropriate measures to deal with infringements, including infringements resulting from a failure to give notice. Such measures had to be proportionate, and they had to satisfy the principles of equivalence and effectiveness. An account of profits did not compensate the trade mark owner for the losses he had suffered. It simply deprived the infringer of the profits he had made from an activity in which he should never have engaged. Therefore, it ensured the infringer had not benefited from his wrong, but contained no element of punishment. Moreover, as an equitable remedy, it might be refused if, for any reason, it would produce an unjust result. Further, an account of profits was a long
