Hollister v Medik Ostomy [2012] EWCA Civ 1419
Acted for the Claimants/Appellants before the Court of Appeal in considering whether the Court of Justice’s decision in Boehringer v Swingward [2007] ETMR 1164 provided for a new Community wide rule to be applied when assessing financial loss for trade mark infringement consisting of the parallel importation of medical devices from within the Community without prior notice. The appeal is also likely to determine whether the approach of Dart v Decor [1994] FSR 567 is to be applied when considering attributable costs in an account of profits.