Kardas v Kalliakoudis [2008] FCA 1913

Kardas v Kalliakoudis [2008] FCA 1913

Although the respondent promptly ceased infringing conduct and offers to settle were made, the applicant's trademark rights were clearly infringed and it was reasonable for him to pursue protection. The usual rule that costs follow the event should apply, but the disproportionate nature of the costs to the monetary claim warranted reducing the fixed costs to $15,000.

Parties
Applicant: Dimitrios Kardas; First Respondent: Peter Kalliakoudis; Second Respondent: Nick Missailidis
Jurisdiction
Australia
Judgment Date
16 December 2008
Procedural Posture
Costs Application Following Trademark Dispute / Post Settlement, Application for Fixed Costs
Outcome
Applicant discontinued against second respondent, costs fixed at $15,000 payable by second respondent.
Legal Topics
Trade Mark Infringement, Costs Orders, Discontinuance, Permanent Injunction
Intellectual Property Civil Procedure Trade Mark Infringement Costs Orders Discontinuance Permanent Injunction

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Parties

Dimitrios Kardas

Applicant

Peter Kalliakoudis

First Respondent

Nick Missailidis

Second Respondent

Procedural Posture

Costs Application Following Trademark Dispute / Post Settlement, Application for Fixed Costs

Legal Issues

  1. 1 Whether costs should be paid by the second respondent after discontinuance
  2. 2 Appropriate quantum and basis for fixed costs in the absence of trial

Ratio Decidendi

Although the respondent promptly ceased infringing conduct and offers to settle were made, the applicant's trademark rights were clearly infringed and it was reasonable for him to pursue protection. The usual rule that costs follow the event should apply, but the disproportionate nature of the costs to the monetary claim warranted reducing the fixed costs to $15,000.

Court Disposition

Applicant discontinued against second respondent, costs fixed at $15,000 payable by second respondent.

Orders

  • The applicant have leave to discontinue the proceeding against the second respondent.
  • The second respondent pay the applicant's costs fixed in the amount of $15,000.