Abstract
This article examines a consequence of Art 13 of Directive 2004/48 on the enforcement of intellec- tual property rights. The authors consider the extent to which at least in the UK, the remedy of damages has effectively usurped the role and function of the free-standing remedy of account of profits. † It is argued that Art 13 has eliminated the need for electing between damages and account and a cascade is proposed, by which courts might approach the award of damages under Art 13.