account of profits

account of profits
An account of profits may be sought by a plaintiff as an alternative to damages where his intellectual property rights have been prejudiced. This order requires the defendant to hand over the profits from his business due to the infringement of the plaintiff's intellectual property rights. The court has a discretion whether or not to make such an order.

Easyform Glossary of Law Terms. — UK law terms.


account of profits
An equitable remedy often used where the parties are in a fiduciary relationship. The purpose of this remedy is to require one party to surrender the profits made. It may also be available as an alternative action for money had and received where one person has profited from a wrong at the expense of another (and the claimant has suffered no actual loss) or in exceptional cases where other normal remedies provide inadequate.
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

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