Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 1349

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 1349

The applicant incurred expenses from litigation on copyright and trade mark matters and was entitled to compensation for its success, but discount was appropriate given 'untidiness' and partial success; an order for 65% of principal proceeding costs and all cross-claim costs was just. No order as to costs for security for costs application; respondent entitled to limited costs caused by failed summary judgment application.

Parties
Applicant/cross Respondent: Hells Angels Motorcycle Corporation (Australia) Pty Limited; First Respondent/cross Claimant: Redbubble Limited; Solicitor for Applicant/cross Respondent: Solus IP Pty Ltd; Solicitor for First Respondent/cross Claimant: Allens; Second Respondent/cross Respondent/other: Hells Angels Motorcycle Corporation
Jurisdiction
Australia
Judgment Date
21 August 2019
Procedural Posture
Intellectual Property / Post Trial; Determination of Costs After Principal Judgment
Outcome
Applicant awarded 65% of its costs in principal proceeding; full costs of defending cross-claim; respondent awarded limited costs for summary judgment application; no order as to costs for security for costs application.
Legal Topics
Costs, Copyright Infringement, Trade Mark Infringement, Authorised User, Cross Claim for Removal of Trade Marks, Australian Consumer Law, Joint Tortfeasors, Summary Judgment, Security for Costs
Copyright Trade Marks Intellectual Property Costs Copyright Infringement Trade Mark Infringement Authorised User Cross Claim for Removal of Trade Marks +4 more

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Parties

Hells Angels Motorcycle Corporation (Australia) Pty Limited

Applicant/cross Respondent

Redbubble Limited

First Respondent/cross Claimant

Solus IP Pty Ltd

Solicitor for Applicant/cross Respondent

Allens

Solicitor for First Respondent/cross Claimant

Hells Angels Motorcycle Corporation

Second Respondent/cross Respondent/other

Procedural Posture

Intellectual Property / Post Trial; Determination of Costs After Principal Judgment

Legal Issues

  1. 1 Disposition of costs after partial success in copyright and trade mark claims
  2. 2 Appropriate discount to costs in light of applicant's mixed success
  3. 3 Whether Redbubble's litigation conduct should affect costs

Ratio Decidendi

The applicant incurred expenses from litigation on copyright and trade mark matters and was entitled to compensation for its success, but discount was appropriate given 'untidiness' and partial success; an order for 65% of principal proceeding costs and all cross-claim costs was just. No order as to costs for security for costs application; respondent entitled to limited costs caused by failed summary judgment application.

Court Disposition

Applicant awarded 65% of its costs in principal proceeding; full costs of defending cross-claim; respondent awarded limited costs for summary judgment application; no order as to costs for security for costs application.

Orders

  • First respondent to pay 65% of applicant's costs of and incidental to the proceeding.
  • First respondent to pay applicant's costs of and incidental to the cross-claim.