ITV Technologies Inc. v. WIC Television Ltd.

ITV Technologies Inc. v. WIC Television Ltd.

The court exercised its discretion to award WIC costs for written arguments, counsel travel to examinations and trial, half of the non-expert witness Kirk's fee, costs of the motion, and ordered assessment at the high end of column IV of Tariff B; the court denied recovery of second counsel fees because those were retained in response to the opponent's apparent co-counsel and were avoidable.

Citation
2005 FC 745
Parties
Plaintiff; Defendant by Counterclaim: ITV Technologies, Inc.; Defendant; Plaintiff by Counterclaim: WIC Television Ltd.; Plaintiff by Counterclaim: WIC TV Amalco Inc.; Plaintiff by Counterclaim: Global Communications Limited
Court
Federal Court
Jurisdiction
Canada
Judgment Date
25 May 2005
Procedural Posture
Civil Expungement Claim and Counterclaim for Passing Off and Trademark Infringement / Post Trial Costs Assessment and Reasons for Order
Outcome
WIC's motion for costs partly granted and partly denied; second counsel fees denied; other requested costs granted and to be assessed at high end of column IV
Legal Topics
Expungement, Passing Off, Trademark Infringement, Costs Assessment, Witness Fees, Travel Expenses, Second Counsel
Source Language
English
Intellectual Property Trademark Law Civil Procedure Costs Expungement Passing Off Trademark Infringement Costs Assessment +3 more

Case Brief

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Parties

ITV Technologies, Inc.

Plaintiff; Defendant by Counterclaim

WIC Television Ltd.

Defendant; Plaintiff by Counterclaim

WIC TV Amalco Inc.

Plaintiff by Counterclaim

Global Communications Limited

Plaintiff by Counterclaim

Procedural Posture

Civil Expungement Claim and Counterclaim for Passing Off and Trademark Infringement / Post Trial Costs Assessment and Reasons for Order

Legal Issues

  1. 1 Whether WIC is entitled to recover fees for second counsel
  2. 2 Whether counsel fees for preparation and filing of written arguments should be awarded
  3. 3 Whether travel expenses for counsel to examinations for discovery and trial should be awarded

Ratio Decidendi

The court exercised its discretion to award WIC costs for written arguments, counsel travel to examinations and trial, half of the non-expert witness Kirk's fee, costs of the motion, and ordered assessment at the high end of column IV of Tariff B; the court denied recovery of second counsel fees because those were retained in response to the opponent's apparent co-counsel and were avoidable.

Court Disposition

WIC's motion for costs partly granted and partly denied; second counsel fees denied; other requested costs granted and to be assessed at high end of column IV

Orders

  • Costs to both WIC and ITV for counsel fees for the preparation and filing of written arguments at trial pursuant to Tariff B table item 15
  • Costs to WIC for travel by counsel to attend examinations for discovery and trial pursuant to Tariff B table item 24