Comite Interprofessionnel du Vin de Champagne v Network Nutrition Pty Ltd [2024] FCA 780

Comite Interprofessionnel du Vin de Champagne v Network Nutrition Pty Ltd [2024] FCA 780

An order that CIVC and INAO pay half of NN's party-party costs of the proceeding is appropriate, given that the discontinuance only occurred after NN amended its application, substantially changing the case and undercutting the principal contentions of CIVC/INAO. Awarding each party its own costs would unduly favour CIVC/INAO, as much legal work was done on abandoned contentions unrelated to NN's amendment. The lump sum for costs will be determined by a Registrar if not agreed.

Parties
First Appellant: Comité Interprofessionnel du Vin de Champagne; Second Appellant: Institut National de l'Origine et de la Qualité; Respondent: Network Nutrition Pty Ltd
Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Appeal From Decision of Registrar of Trade Marks / Post Discontinuance, Costs Determination
Outcome
Appellants to pay half of the respondent's party-party costs of the proceeding, on a lump sum basis, to be determined.
Legal Topics
Practice and Procedure, Costs, Trade Marks, Appeal
Intellectual Property Practice and Procedure Costs Trade Marks Appeal

Case Brief

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Parties

Comité Interprofessionnel du Vin de Champagne

First Appellant

Institut National de l'Origine et de la Qualité

Second Appellant

Network Nutrition Pty Ltd

Respondent

Procedural Posture

Appeal From Decision of Registrar of Trade Marks / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 Appropriate costs order following discontinuance of appeal
  2. 2 Effect of amendment to trade mark application on costs
  3. 3 Application of Federal Court Rules regarding costs after discontinuance

Ratio Decidendi

An order that CIVC and INAO pay half of NN's party-party costs of the proceeding is appropriate, given that the discontinuance only occurred after NN amended its application, substantially changing the case and undercutting the principal contentions of CIVC/INAO. Awarding each party its own costs would unduly favour CIVC/INAO, as much legal work was done on abandoned contentions unrelated to NN's amendment. The lump sum for costs will be determined by a Registrar if not agreed.

Court Disposition

Appellants to pay half of the respondent's party-party costs of the proceeding, on a lump sum basis, to be determined.

Orders

  • The costs of the appellants' interlocutory application dated 23 May 2024 and the respondent's interlocutory application dated 28 May 2024 form part of the costs of the proceeding.
  • The appellants pay half of the respondent's costs of the proceeding to date (on a party-party basis).