User Based Royalties Awarded in TM Infringement Claim

In the recent case of National Guild of Removers & Storers Ltd v Silveria (t/a C S Movers) [2010] EWPCC, the Patents County Court considered whether damages calculated on a "user" basis (a measure usually used in patent cases) are available in trade mark cases. A secondary issue was whether a given case must involve lost sales in order to be successful. In the case in question, the National Guild of Removers & Storers Ltd (an association representing members of the removals and storers industry) (the "Guild") brought a claim of trade mark infringement against four separate defendants, of which only one was not a member of the Guild. These four claims were then joined in...