Fendi v Rolo Fashion: Calculation of damages for trade mark infringement
In Fendi Italia Srl & Ors v Rolo Fashion Limited & Anor [2026] EWHC 1703 (IPEC), the court considered how damages should be calculated following the sale of counterfeit luxury goods. The decision provides useful guidance on lost profits, reasonable royalties under the “user principle”, reputational harm and additional compensation for trade mark infringement. Crucially, it highlights the evidence brand owners need to establish economic loss, and confirms that such loss will not simply be assumed.
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