Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 892 File number: NSD 495 of 2016
Judge: BURLEY J
Date of judgment: 13 June 2018
Catchwords: COSTS – whether trade mark owner entitled to costs of successful infringement proceeding when trade marks were ordered to be removed from the Trade Marks Register – offer of compromise – whether respondents entitled to costs on an indemnity basis
Legislation: Civil Dispute Resolution Act 2011 (Cth) s 6 Federal Court of Australia Act 1976 (Cth) s 37N Trade Marks Act 1995 (Cth) ss 24, 41, 87, 88, 120, 122
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd [2018] FCAFC 6; 128 IPR 255 Bohemia Crystal Pty Ltd v Host Corporation Pty Ltd [2018] FCA 235 Brosnan v Katke [2016] FCAFC 156 Calderbank v Calderbank [1975] 3 ALL ER 33 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 ; 327 ALR 192 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCA 108 Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd (No 4) [2017] FCA 1277
Date of hearing: 28 May 2018
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