Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor [2018] EWHC 2728 (IPEC) (17 October 2018)

Link Up Mitaka Ltd (t/a Thebigword) v Language Empire Ltd & Anor [2018] EWHC 2728 (IPEC) (17 October 2018)

The defendants' conduct, including dishonesty, obfuscation, and attempts to obscure the true scale of infringement, amounted to an abuse of process under both limbs of Lord Diplock's guidance in Hunter. This justified disapplication of the IPEC scale costs scheme under CPR 45.30(2)(a) and an award of indemnity costs...

Source-derived case information.

Citation
[2018] EWHC 2728 (IPEC)
Parties
Claimant: Link Up Mitaka Limited trading as thebigword; Defendant: Language Empire Limited; Defendant: Yasar Zaman
Jurisdiction
England and Wales
Judgment Date
17 October 2018
Procedural Posture
Inquiry Into Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Judgment on Costs and Consequential Orders After Trial
Outcome
Costs awarded to the claimant on the indemnity basis; IPEC scale costs disapplied due to abuse of process.
Legal Topics
Trade Mark Infringement, Passing Off, Costs Assessment, Abuse of Process, IPEC Scale Costs Disapplication
Intellectual Property Civil Procedure Trade Mark Infringement Passing Off Costs Assessment Abuse of Process IPEC Scale Costs Disapplication

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Parties

Link Up Mitaka Limited trading as thebigword

Claimant

Language Empire Limited

Defendant

Yasar Zaman

Defendant

Procedural Posture

Inquiry Into Damages Following Default Judgment for Trade Mark Infringement and Passing Off / Judgment on Costs and Consequential Orders After Trial

Legal Issues

  1. 1 Whether the defendants' conduct amounted to an abuse of process justifying disapplication of IPEC scale costs
  2. 2 Whether costs should be awarded on the indemnity basis

Ratio Decidendi

The defendants' conduct, including dishonesty, obfuscation, and attempts to obscure the true scale of infringement, amounted to an abuse of process under both limbs of Lord Diplock's guidance in Hunter. This justified disapplication of the IPEC scale costs scheme under CPR 45.30(2)(a) and an award of indemnity costs to the claimant.

Court Disposition

Costs awarded to the claimant on the indemnity basis; IPEC scale costs disapplied due to abuse of process.

Orders

  • Defendants to pay claimant's costs summarily assessed at £98,260 plus interest of £1,446.98, totalling £99,706.98
  • Order for publication of the judgment