Quantum & Unregistered Design Rights Disputes - Lessons Learned from the ‘Oh Polly’ Case

Introduction

This bite-sized webinar, targeted at intellectual property litigators, will focus on the recent and rare Oh Polly decision (Original Beauty Technology Co Ltd and others v G4K Fashion Ltd and others) concerning a damages enquiry.

The webinar will look at the factors which led to a finding of flagrancy and the additional damages awarded, providing useful pointers for practitioners assessing damages in IP cases, which is a complex area of IP with very few decisions.

The webinar will also provide practical advice on how the court determined flagrancy and the implications of this.

What You Will Learn

This webinar will cover the following:

• Why the Defendants were found to be flagrantly infringing
• The ‘additional damages’ awarded by the Court
• Factors considered when making this award
• Trends on flagrancy findings in other IP cases
• A high-level summary of the other heads of damage awarded in this case and an outline of the main principles
• Helpful commentary by the Judge on conducting a damages enquiry and the role of experts

This webinar was recorded on 5th July 2022