Unjust Enrichment

Refers to the legal principle that someone should not be allowed to profit from their own wrongful actions, often expressed in the Latin maxim: nemo debet locupletari aliena jactura (no one ought to be enriched by another’s loss). The principle lies behind the remedy of profit disgorgement, where an infringer can be required to pay to the victim all the profits that resulted from the infringement, which can often be interpreted to include convoyed sales as well as directors’ and senior managers’ salaries and bonuses. It is often applied in trademark and copyright cases as a remedy and in many jurisdictions to patents as well.

Term posted by Origin on in Uncategorized.