Analyse de rentabilité

Challenging a damages assessment in a luxury brand dispute

Situation : Différends
Litiges

Contexte

A well-known luxury company had sold the rights to sell products under its brand name in the Middle East to an individual. A few years later, the luxury company initiated litigation proceedings in an European court, alleging that the individual in the Middle East was using its brand name for a wider range of products than that initially agreed and claiming c. €30m of alleged damages.

Principaux enseignements

This engagement highlighted the importance of the damages estimation methodology and computation. Without regard for the potential validity of the claim from a legal standpoint, we highlighted the significant shortcomings of the methodology, in particular because there was no causal link between the claim and the financial assessment by the claimant. We were able to explain why the estimation could therefore not be considered as a serious and valid basis for any damages to be granted.

Rôle de précision

We were engaged to analyse and challenge the robustness of the damages assessment prepared by the claimant and submitted our expert reports to the court.

Partager