Unicorn Studio Inc v Veronese (Re Costs) [2024] EWHC 1098 (Ch) (21 June 2024)

Unicorn Studio Inc v Veronese (Re Costs) [2024] EWHC 1098 (Ch) (21 June 2024)

Appellant was the overall winner and should be awarded its costs without deduction; solicitor and counsel costs were reduced for excessive time and non-allowable items; proportionality did not require further deduction.

Citation
[2024] EWHC 1098 (Ch)
Parties
Applicant/appellant: Unicorn Studio Inc; Opponent/respondent: Veronese (Société par Actions Simplifiée)
Jurisdiction
England and Wales
Judgment Date
21 June 2024
Procedural Posture
Trade Mark Appeal / Appeal From Registrar of Trade Marks Decision
Outcome
Appeal allowed; costs awarded to Appellant.
Legal Topics
Trade Mark Opposition, Costs Assessment, Appeal Procedure
Intellectual Property Civil Procedure Trade Mark Opposition Costs Assessment Appeal Procedure

Case Brief

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Parties

Unicorn Studio Inc

Applicant/appellant

Veronese (Société par Actions Simplifiée)

Opponent/respondent

Procedural Posture

Trade Mark Appeal / Appeal From Registrar of Trade Marks Decision

Legal Issues

  1. 1 Whether the Hearing Officer erred in refusing the trade mark for certain categories of goods
  2. 2 Appropriate assessment of costs on appeal

Ratio Decidendi

Appellant was the overall winner and should be awarded its costs without deduction; solicitor and counsel costs were reduced for excessive time and non-allowable items; proportionality did not require further deduction.

Court Disposition

Appeal allowed; costs awarded to Appellant.

Orders

  • Trade mark proceeds to grant in respect of all categories of goods.
  • Appellant awarded £35,000 for costs of appeal.