Maier & Anor v Asos Plc & Anor

Maier & Anor v Asos Plc & Anor

It is not appropriate to require undertakings or make declarations as sought by Assos, nor to grant liberty to apply or permission to appeal. Costs are apportioned to reflect the parties' relative success, with Asos awarded 65% of its appeal costs and ordered to repay £100,000 of trial costs, plus a payment on account of £50,000. No reference to the Court of Justice is necessary.

Parties
Appellant/claimant: Roger Maier; Appellant/claimant: Assos of Switzerland SA; Respondent/defendant: ASOS plc; Respondent/defendant: ASOS.com Limited
Jurisdiction
England and Wales
Judgment Date
22 April 2015
Procedural Posture
Civil Appeal / Post Appeal Judgment on Outstanding Matters
Outcome
Appeal dismissed on outstanding matters; costs apportioned; no undertakings, declarations, liberty to apply, permission to appeal, or reference to the Court of Justice granted.
Legal Topics
Community Trade Mark, Own Name Defence, Costs, Injunctive Relief, Declarations, Permission to Appeal
Intellectual Property Trademark Law Community Trade Mark Own Name Defence Costs Injunctive Relief Declarations Permission to Appeal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Roger Maier

Appellant/claimant

Assos of Switzerland SA

Appellant/claimant

ASOS plc

Respondent/defendant

ASOS.com Limited

Respondent/defendant

Procedural Posture

Civil Appeal / Post Appeal Judgment on Outstanding Matters

Legal Issues

  1. 1 Whether undertakings or injunctive relief should be granted against Asos
  2. 2 Whether declarations as to infringement and invalidity should be made
  3. 3 Costs allocation following the appeal outcome

Ratio Decidendi

It is not appropriate to require undertakings or make declarations as sought by Assos, nor to grant liberty to apply or permission to appeal. Costs are apportioned to reflect the parties' relative success, with Asos awarded 65% of its appeal costs and ordered to repay £100,000 of trial costs, plus a payment on account of £50,000. No reference to the Court of Justice is necessary.

Court Disposition

Appeal dismissed on outstanding matters; costs apportioned; no undertakings, declarations, liberty to apply, permission to appeal, or reference to the Court of Justice granted.

Orders

  • Asos awarded 65% of its costs of the appeal as a whole.
  • Asos to repay £100,000 of trial costs to Assos, plus interest.