INTELLECTUAL PROPERTY – contraventions of s 18, s 29(1)(g) and s 29(1)(h) of the Australian Consumer Law and passing off – declarations – appropriate form of non-pecuniary relief – format of and content of website disclaimer – disclaimer not required to be published in other media COSTS – offers made before trial commenced – applicant’s rejection of Calderbank offer not unreasonable – costs as between applicants and first and second respondents to be assessed on a party-party basis – applicant’s rejection of offers from third and fourth respondents unreasonable – those respondents entitled to indemnity costs from certain date COSTS – parties each enjoyed some degree of success – whether costs of third and fourth respondents to be assessed separately – overall 15% discount on costs payable by first and second respondents – costs to be assessed on a lump sum basis by a Registrar
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca1127For more information, see the original judgement.
