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Intellectual Property Decisions

24064 Nigel Christopher Blayney (t/a Aardvark Jewellery) v (1) Clogau St Davids Gold Mines Limited (2) Sherbrooke Securities Limited (3) Clogau Gold of Wales Limited (4) William Sherbrooke Roberts

High Court (Mr K Lewison QC, sitting as a Deputy Judge of the Chancery Division, 20 July 2001) Copyright Designs and Patents Act 1988, ss4(1)(a) and (c), 97(2) – assessment of damages in copyright infringement – jewellery incorporating Welsh gold – proper approach to assessment – principles in Halsbury on Patents incorrect – no presumption that sales by defendant would have been made by claimant – whether capital value of copyright imposed cap on damages – infringement period – manner of sales – lost profit – notional royalty – additional damages – interest (SRIS C/039/01)

Mr M Edenborough (Martineau Johnson) for the claimant; Mr M Vanhegan (DLA Leeds) for the defendants.

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