Introduction
Claim No. IP-2020-000049Judgment handed down by emailBefore:MR NICHOLAS CADDICK Q.C.(sitting as a Deputy High Court Judge)B E T W E E N:BEI YU INDUSTRIAL CO.Claimant- and –(1) NUBY (UK) LLP(2) MS MARIA LOUISE BURNELLDefendantsMICHAEL HICKS (instructed by Shakespeare Martineau LLP) for the Claimant THOMAS ST QUINTIN (instructed by HCR Hewitsons) for the First DefendantHearing date: 8th March 2022JUDGMENTNicholas Caddick Q.C. (sitting as a Deputy High Court Judge):Introduction1.This is a trial of an account of profits. I will refer to the Claimant as “Bei Yu” and to the First Defendant as “Nuby”.2.The underlying claim was that Bei Yu’s registered Community design (No.001553701-001) and, post-Brexit, its corresponding UK re-registered design (No.9001553702001) had been infringed by Nuby’s importation and sale of a baby bath (the “Nuby Baby Bath”). 3.After disclosure and the exchange of witness statements, Nuby accepted liability and, on 22 June 2021, a Consent Order was made by HHJ Melissa Clark providing for there to be an enquiry as to damages or, at Bei Yu’s option, an account of profits. On 28 July 2021, after being provided with financial information by Nuby, Bei Yu elected to pursue an account of profits against Nuby but not against the Second Defendant (“Ms Burnell”, a former managing director of Nuby) on the basis that she had not personally profited from the infringing activities, Ms Burnell, therefore, played no part in this trial.4.At the trial, Bei Yu was represented by Michael Hicks of Counsel and Nuby by Thomas St Quintin, also of Counsel.