When Should a Plaintiff Take an Account of Profits?

Abstract

This article examines in detail, and from a practical perspective, issues which arise in relation to the remedy of an account of profits, including the timing of the election, the nature of the discretion exercised by the court, and the nature and computation of the profits recoverable. An appreciation of these issues, not all of which are widely understood, should inform the choice of remedy. The article focusses on the remedy primarily in the context of intellectual property infringements.

Keywords: account of profits, intellectual property, remedies, copyright, election, equity, apportionment, overheads; unrealised profits, additional damages

JEL Classification: K10, K30