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Remedies, Defences and Parallel Trade

Remedies and Defences

If you wish to prevent infringement or continuing infringement, if you act promptly, you can seek an injunction as a remedy, and as a further remedy also (or as an alternative if the damage has already been done) you can seek damages or an account of profits. You can also ask the Court to order that infringing items are delivered up. If you feel that vital documentary evidence might be destroyed, or which may eventually be used to pay your damages might disappear, urgent legal advice should be taken as special actions may be available.

The defendant may acknowledges the infringement but claim that it was innocent (i.e. he was unaware of the design registration or the existence of the claim to the design right). You should anticipate and pre-empt any such claim by using appropriate language and the registered number (in the case of a registered design) on articles embodying your design and design documents.

You need to take care when alleging infringement of registered designs or design rights. If an unjustified allegation is made you could then face a threats action, but it is not a "threat" merely to notify a potential infringer that a design is registered.

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