JIPLP article on Compensatory Damages and account of profits: separate elections for separate causes of action - trade mark infringement and passing off.
We have recently had an article on Compensatory Damages and Account of Profits published in The Journal of Intellectual Property Law and Practice (2016) 11(4): 285-297.
This article explores the extent to which the remedies of compensatory damages and account of profit are non-cumulatory remedies, requiring a separate and distinct election where two distinct causes of action exist; namely trade mark infringement and passing off.