Conclusion
79.The parties were agreed that they would calculate the profit, if any due to be paid by Design & Display to Abbott, once the principles had been decided. I invite the parties to do so.
- HIS HONOUR JUDGE HACON
- Defendants
- Introduction
- The background facts
- Profits due to Abbott on Design & Display’s sale of panels
- The law
- The first remitted issue: What proportion of sales of slatted panel sold together with infringing inserts should be included in the account of profits?
- Deductible overheads
- Second remitted issue: what deductions (if any) for general overheads may Design & Display make?
- Level of overheads
- Level of sales
- Whether overheads should be apportioned by reference to the entire business
- Whether apportionment should be by reference to revenue or volume
- Payments to directors
- Rent
- Delivery charges
- Conclusion