“…The defendants also relied on a comment made by Birss LJ in another trademark infringement case, Lifestyle Equities C.V. v Ahmed [2021] Bus LR 1020. After explaining that a successful claimant in an infringement action was entitled to damages, but could in the alternative seek the discretionary equitable r…”
“…. The judge listed these cases at [60] of his judgment (with the exception of the last, Lifestyle Equities CV v Santa Monica Polo Club Ltd [2021] EWCA Civ 675, [2021] Bus LR 1020, which was only decided after he had reserved judgment), but did not attempt to analyse them.…”