COSTS – application for variation to costs orders – appropriate order as to costs – where appellants failed to establish trade mark infringement at trial and on appeal but successful in resisting validity challenge – where respondent’s validity arguments raised only in response to infringement case – where appellants successful in demonstrating appealable error – whether costs awarded to the appellants should be discounted – current apportionment appropriate
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2024/2024fcafc0092
For more information, see the original judgement.
