Diesel SPA, Re [2020] IESC 15 (19 March 2020)

Diesel SPA, Re [2020] IESC 15 (19 March 2020)

The stay on the costs order should not be lifted as Diesel SPA's appeal was not culpable; Montex is entitled to costs of the appeal as Diesel SPA failed and does not resist such an order.

Citation
[2020] IESC 15
Parties
Plaintiff/appellant: Diesel SPA; First Defendant/respondent: The Controller of Patents and Designs and Trade Marks; Second Named Defendant/respondent: Montex Holdings Limited
Jurisdiction
Ireland
Judgment Date
19 March 2020
Procedural Posture
Trade Mark Registration Appeal / Ruling on Application for Lifting of Stay on Costs Order After Supreme Court Appeal
Outcome
Application to lift stay on costs order refused; costs of appeal awarded to Montex; Controller to discharge own costs.
Legal Topics
Trade Marks, Costs, Appeals, Stay of Execution
Intellectual Property Civil Procedure Trade Marks Costs Appeals Stay of Execution

Case Brief

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Parties

Diesel SPA

Plaintiff/appellant

The Controller of Patents and Designs and Trade Marks

First Defendant/respondent

Montex Holdings Limited

Second Named Defendant/respondent

Procedural Posture

Trade Mark Registration Appeal / Ruling on Application for Lifting of Stay on Costs Order After Supreme Court Appeal

Legal Issues

  1. 1 Whether the stay on the costs order in favour of Montex should be lifted
  2. 2 Whether Diesel SPA's conduct in appealing warrants lifting the stay
  3. 3 Entitlement to costs of the appeal

Ratio Decidendi

The stay on the costs order should not be lifted as Diesel SPA's appeal was not culpable; Montex is entitled to costs of the appeal as Diesel SPA failed and does not resist such an order.

Court Disposition

Application to lift stay on costs order refused; costs of appeal awarded to Montex; Controller to discharge own costs.

Orders

  • Stay on costs order in favour of Montex to remain in place
  • Montex awarded costs of the appeal, to be taxed in default of agreement