We Two Pty Ltd v Shorrock [2002] FCA 875

We Two Pty Ltd v Shorrock [2002] FCA 875

Given the tentative view that the applicant may have succeeded on the evidence and submissions, but the case was settled without a judgment and both sides could have made greater effort to settle earlier, the appropriate costs order is that respondents pay one half of the applicant’s taxed costs.

Parties
Applicant / Cross Respondent: We Two Pty Ltd; Respondent: Glenn Barrie Shorrock; Respondent: Gerard Bertelkamp; Respondent: Graehame Goble; Cross Claimant: The Little River Band Pty Ltd
Jurisdiction
Australia
Judgment Date
12 July 2002
Procedural Posture
Trade Mark Infringement and Rectification Proceeding / Post Settlement Costs Determination
Outcome
Partial costs order for applicant
Legal Topics
Trade Mark Infringement, Costs, Rectification of Register, Settlement
Intellectual Property Law Trade Mark Infringement Costs Rectification of Register Settlement

Case Brief

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Parties

We Two Pty Ltd

Applicant / Cross Respondent

Glenn Barrie Shorrock

Respondent

Gerard Bertelkamp

Respondent

Graehame Goble

Respondent

The Little River Band Pty Ltd

Cross Claimant

Procedural Posture

Trade Mark Infringement and Rectification Proceeding / Post Settlement Costs Determination

Legal Issues

  1. 1 Whether the respondents' use of the name and marks infringed the applicant's registered and common law trade marks
  2. 2 Whether the registered trade mark was liable to be removed for non-use
  3. 3 Appropriate costs order following settlement

Ratio Decidendi

Given the tentative view that the applicant may have succeeded on the evidence and submissions, but the case was settled without a judgment and both sides could have made greater effort to settle earlier, the appropriate costs order is that respondents pay one half of the applicant’s taxed costs.

Court Disposition

Partial costs order for applicant

Orders

  • The respondents pay one half of the applicant's taxed costs of the proceeding.