IPEC reduces cost award by 50 per cent following settlement offer
The costs decision in Bocacina Ltd v Boca Cafes Ltd followed the trial judgment, delivered last October, in which the claimant succeeded in a passing-off action against a café business that had set up in close proximity to the claimant’s restaurant. The Intellectual Property Enterprise Court (IPEC) found that a significant number of members of the public would be likely to be confused into thinking the two businesses were connected given their geographic proximity and that both words started with ‘Boca’. The defendant’s registered trademark BOCA BISTRO CAFÉ was declared invalid.
In the costs judgment, Daniel Alexander QC, sitting as a judge of the IPEC, awarded the claimant 90 per cent of its costs up until the date of the defendant’s settlement offer and awarded a reduced recovery of 50 per cent from that date. The settlement proposal had contained an offer to change the name of the defendant business and to surrender the trademark. In the judge’s view, this effectively amounted to giving in and leaving the claimant with no cause for complaint nor grounds for continuing the litigation. The judge considered that after the date of the settlement the dispute became one about costs…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Pyranha Mouldings Ltd has become the 10th company to be convicted in the UK under the Corporate Manslaughter and Corporate Homicide Act 2007.
Employers are currently focused on having the correct policies and forms in place for shared parental leave but they should not overlook the fact that there are a number of additional changes to adoption and parental leave due to come into force from 5 April 2015.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.