Link Up Mitaka Ltd (trading as thebigword) v Language Empire Ltd and another

Trade mark – Infringement. Litigants in the Intellectual Property Enterprise Court (the IPEC) had to understand that conduct which amounted to an abuse of the processes of the court would cause them to lose the benefit of the protection that the scale costs scheme gave them. Accordingly, the IPEC ruled that the defendants' conduct in an action for trade mark infringement and passing off had amounted to an abuse of process, such that CPR 45.30(2)(a) had been engaged and, in circumstances where judgment in default had been granted in favour of the claimant, IPEC disapplied the ordinary costs caps and summarily assessed the claimants costs on the indemnity basis at £98,260, plus interest, giving a total of £99,706.98.

Category: