Ghias (t/a Griller) v Ikram (t/a the Griller Original) & Ors [2012] EWPCC 4 (26 January 2012)

Ghias (t/a Griller) v Ikram (t/a the Griller Original) & Ors [2012] EWPCC 4 (26 January 2012)

Costs awarded to reflect partial success: Claimant to recover reduced costs from First and Fourth Defendants, with further reductions for work attributable to unsuccessful claims; Claimant to pay full assessed costs to Second, Third, and Fifth Defendants. Permission to appeal refused as no reasonable prospects of success identified in the grounds advanced.

Citation
[2012] EWPCC 4
Parties
Claimant: Waseem Ghias t/as Griller; First Defendant: Mohammed Ikram t/as The Griller Original; Second Defendant: Esmail Adia t/as Griller King; Third Defendant: Shahzad Ahmad t/as Griller Hut; Fourth Defendant: Griller Original Limited; Fifth Defendant: Griller Hut Limited
Jurisdiction
England and Wales
Judgment Date
26 January 2012
Procedural Posture
Costs Ruling in Trademark Infringement and Passing Off Proceedings / Post Trial, Costs and Permission to Appeal
Outcome
Costs apportioned: First and Fourth Defendants to pay reduced costs to Claimant; Claimant to pay full assessed costs to Second, Third, and Fifth Defendants; permission to appeal refused.
Legal Topics
Trademark Infringement, Passing Off, Costs Assessment, Litigant in Person Costs, Permission to Appeal
Intellectual Property Civil Procedure Trademark Infringement Passing Off Costs Assessment Litigant in Person Costs Permission to Appeal

Case Brief

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Parties

Waseem Ghias t/as Griller

Claimant

Mohammed Ikram t/as The Griller Original

First Defendant

Esmail Adia t/as Griller King

Second Defendant

Shahzad Ahmad t/as Griller Hut

Third Defendant

Griller Original Limited

Fourth Defendant

Griller Hut Limited

Fifth Defendant

Procedural Posture

Costs Ruling in Trademark Infringement and Passing Off Proceedings / Post Trial, Costs and Permission to Appeal

Legal Issues

  1. 1 Appropriate apportionment and assessment of costs following partial success in trademark infringement and passing off claims
  2. 2 Entitlement to costs for litigants in person under CPR 48.6
  3. 3 Whether permission to appeal should be granted on findings regarding likelihood of confusion and passing off

Ratio Decidendi

Costs awarded to reflect partial success: Claimant to recover reduced costs from First and Fourth Defendants, with further reductions for work attributable to unsuccessful claims; Claimant to pay full assessed costs to Second, Third, and Fifth Defendants. Permission to appeal refused as no reasonable prospects of success identified in the grounds advanced.

Court Disposition

Costs apportioned: First and Fourth Defendants to pay reduced costs to Claimant; Claimant to pay full assessed costs to Second, Third, and Fifth Defendants; permission to appeal refused.

Orders

  • First and Fourth Defendants to pay Claimant £7,028.25 within 28 days.
  • Claimant to pay Second, Third, and Fifth Defendants £2,168.40 within 28 days.