Kohler Mira Ltd v Bristan Group Ltd [2013] EWPCC 5 (28 January 2013)

Kohler Mira Ltd v Bristan Group Ltd [2013] EWPCC 5 (28 January 2013)

Neither party is the overall winner as each succeeded on separate claims; costs orders must reflect this split outcome. Dissemination order is refused as it would confuse rather than clarify the result.

Citation
[2013] EWPCC 5
Parties
Claimant: Kohler Mira Limited; Defendant: Bristan Group Limited
Jurisdiction
England and Wales
Judgment Date
28 January 2013
Procedural Posture
Intellectual Property Design Rights / Post Judgment (costs and Dissemination Orders)
Outcome
Split decision; no dissemination order granted.
Legal Topics
Unregistered Design Rights, Registered Design Rights, Costs, Dissemination Orders
Intellectual Property Law Unregistered Design Rights Registered Design Rights Costs Dissemination Orders

Case Brief

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Parties

Kohler Mira Limited

Claimant

Bristan Group Limited

Defendant

Procedural Posture

Intellectual Property Design Rights / Post Judgment (costs and Dissemination Orders)

Legal Issues

  1. 1 Determination of prevailing party for costs purposes
  2. 2 Appropriateness of dissemination order given split outcome

Ratio Decidendi

Neither party is the overall winner as each succeeded on separate claims; costs orders must reflect this split outcome. Dissemination order is refused as it would confuse rather than clarify the result.

Court Disposition

Split decision; no dissemination order granted.

Orders

  • No order for dissemination of the judgment. Costs to be dealt with separately reflecting split outcome.