Bodum v Housewares International Limited [2007] FCA 44

Bodum v Housewares International Limited [2007] FCA 44

Bodum is liable to pay Housewares' costs of the motion for consent to surrender the designs and the cross-claim for rectification incurred prior to 24 February 2006; indemnity costs are payable for costs between 10 October 2005 and 28 November 2005 due to the unreasonable media release; otherwise, costs are payable on a party and party basis. Each party bears its own costs after 24 February 2006.

Jurisdiction
Australia
Judgment Date
06 February 2007
Procedural Posture
Application and Cross Claim / Costs Determination Following Consent to Surrender Designs
Outcome
Costs determined: Bodum to pay Housewares' costs as specified; indemnity for particular period.
Legal Topics
['designs Act Rectification' 'person Aggrieved Standing' 'indemnity Costs' 'party and Party Costs' 'offers of Compromise' 'passing Off' 'trade Practices Act Ss 52 and 53']
['intellectual Property' 'civil Procedure'] ['designs Act Rectification' 'person Aggrieved Standing' 'indemnity Costs' 'party and Party Costs' 'offers of Compromise' 'passing Off' 'trade Practices Act Ss 52 and 53']

Case Brief

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Procedural Posture

Application and Cross Claim / Costs Determination Following Consent to Surrender Designs

Legal Issues

  1. 1 ["Is Bodum liable to pay Housewares' costs?" 'Are costs payable on an indemnity basis?' "Are costs payable after Bodum's offer to surrender the designs?"]

Ratio Decidendi

Bodum is liable to pay Housewares' costs of the motion for consent to surrender the designs and the cross-claim for rectification incurred prior to 24 February 2006; indemnity costs are payable for costs between 10 October 2005 and 28 November 2005 due to the unreasonable media release; otherwise, costs are payable on a party and party basis. Each party bears its own costs after 24 February 2006.

Court Disposition

Costs determined: Bodum to pay Housewares' costs as specified; indemnity for particular period.

Orders

  • ["Applicants pay respondent's costs of the notice of motion filed on 22 March 2006." "Applicants pay respondent's costs incurred between 10 October 2005 and 28 November 2005 on an indemnity basis for paragraphs 108-119 of the cross-claim and amended cross-claim." "Applicants pay respondent's costs incurred prior to...