[2025] EWHC 1954 (IPEC)

Neither side dealt with the pleaded issue of flagrant infringement either in their skeleton arguments or in court. The law on flagrancy reviewed by David Stone sitting as a Deputy High Court Judge in Original Beauty Technology Company and Ors v G4K Fashion Limited and Ors [2021] EWHC 3439 (Ch), [2022] FSR 11 at [140]-[147]. For completeness, given the findings I have made above, I find that none of the infringements I have found in this case were committed flagrantly, and an award of flagrancy damages, would in my judgment neither be just in all the circumstances of the case, nor “effective, proportionate or dissuasive.”