Bocacina Ltd v Boca Cafes Ltd & Ors [2014] EWHC 26 (IPEC) (20 December 2013)

Bocacina Ltd v Boca Cafes Ltd & Ors [2014] EWHC 26 (IPEC) (20 December 2013)

The claimant is entitled to 100% of its costs up to the date of the defendants' settlement offer in December 2012, and 50% of its costs thereafter, reflecting the fact that the defendants' offer was not materially worse than the relief ultimately obtained and that the case became primarily about costs after that point. The defendants' conduct, including late submissions and lack of communication, justified some increase in the costs awarded. The total costs awarded are £10,750, to be paid jointly and severally by the defendants within 28 days.

Citation
[2014] EWHC 26 (IPEC)
Parties
Claimant: Bocacina Limited; Defendant: Boca Cafes Limited; Defendant: Dercio De Souza Junior; Defendant: Malgorzata De Souza
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil (intellectual Property, Passing Off) / Costs Judgment Following Substantive Liability Judgment
Outcome
Costs awarded to claimant as specified; defendants jointly and severally liable.
Legal Topics
Passing Off, Costs, Offers to Settle, Conduct of Parties
Intellectual Property Civil Procedure Passing Off Costs Offers to Settle Conduct of Parties

Case Brief

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Parties

Bocacina Limited

Claimant

Boca Cafes Limited

Defendant

Dercio De Souza Junior

Defendant

Malgorzata De Souza

Defendant

Procedural Posture

Civil (intellectual Property, Passing Off) / Costs Judgment Following Substantive Liability Judgment

Legal Issues

  1. 1 Whether the claimant is entitled to costs and on what basis
  2. 2 Effect of defendants' offer to settle on costs award
  3. 3 Assessment of reasonable and proportionate costs

Ratio Decidendi

The claimant is entitled to 100% of its costs up to the date of the defendants' settlement offer in December 2012, and 50% of its costs thereafter, reflecting the fact that the defendants' offer was not materially worse than the relief ultimately obtained and that the case became primarily about costs after that point. The defendants' conduct, including late submissions and lack of communication, justified some increase in the costs awarded. The total costs awarded are £10,750, to be paid jointly and severally by the defendants within 28 days.

Court Disposition

Costs awarded to claimant as specified; defendants jointly and severally liable.

Orders

  • Defendants to pay claimant £10,750 in costs within 28 days.
  • Parties to agree wording of public notice regarding the judgment, omitting reference to 'guilty'.