“…e a claim for an account of profits is made against one who is not a fiduciary, and does not owe fiduciary duties then, as Lord Nicholls said in the Blake case [2001] 1 AC 268, the court has a discretion to grant or withhold the remedy. We therefore agree … that the ordering of an account in a non-fiduciary case is not automatic. One…”
“…The origins of the remedy of an account of profits were discussed in detail by Lord Nicholls in Attorney-General v Blake [2001] 1 AC 268. The remedy is available in various situations. It is a well established remedy for infringement of intellectual property rights, such as trade marks. The reme…”
“… answer this question in the negative, whereas Longmore LJ considered that, read in the light of the decision of the House of Lords in Attorney General v Blake [2001] 1 AC 268, the principle derived from Wass should not necessarily be confined to tortious claims for breach of a proprietary right: see his judgment at [145]. Neverthele…”