The disonest infringer of a design does not have to surrender all its profits gained with the fakes.
In a recent ruling, the Austrian Supreme Court held that the plaintiff, a leading manufacturer of LED-torches and holder of a European design model can claim only that surrender of the infringer’s proftis with is owed to the design infringement (and not to other efforts of the infringer).
In the specific case, the Chinese infringer had to hand over 10% of the net profits taken with the counterfeit torches.
