Kingspan Group Plc & Anor v Rockwool Ltd (on costs) [2011] EWHC 1065 (Ch) (14 April 2011)

Kingspan Group Plc & Anor v Rockwool Ltd (on costs) [2011] EWHC 1065 (Ch) (14 April 2011)

Kingspan is the overall winner and entitled to its costs, subject to a 10% discount to reflect its loss on the issue of malice and the failure of the malicious falsehood allegation.

Citation
[2011] EWHC 1065 (Ch)
Parties
Claimant: Kingspan Group PLC; Claimant: Kingspan Holdings (IRL) Limited; Defendant: Rockwool Limited; Claimant: Rockwool Limited; Defendant: Kingspan Group PLC
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Intellectual Property / Costs Judgment
Outcome
Kingspan awarded 90% of its costs of the actions.
Legal Topics
Costs, Trade Mark Infringement, Malicious Falsehood, Comparative Advertising
Intellectual Property Civil Procedure Costs Trade Mark Infringement Malicious Falsehood Comparative Advertising

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Parties

Kingspan Group PLC

Claimant

Kingspan Holdings (IRL) Limited

Claimant

Rockwool Limited

Defendant

Rockwool Limited

Claimant

Kingspan Group PLC

Defendant

Procedural Posture

Intellectual Property / Costs Judgment

Legal Issues

  1. 1 Entitlement to costs following mixed success in intellectual property litigation
  2. 2 Appropriate discount for unsuccessful malicious falsehood claim
  3. 3 Issue-based costs orders

Ratio Decidendi

Kingspan is the overall winner and entitled to its costs, subject to a 10% discount to reflect its loss on the issue of malice and the failure of the malicious falsehood allegation.

Court Disposition

Kingspan awarded 90% of its costs of the actions.

Orders

  • Kingspan is entitled to 90% of the costs of the actions.