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Caesarstone Ltd V Ceramiche Caesar Spa (No 3)

Federal Court of Australia

Judgment Date:
2019-01-14

Abstract:
The Federal Court of Australia (FCA) has found that Caesarstone Ltd (Caesarstone) has had the greater success in all of three relevant proceedings and it was appropriate to start in the position that Caesarstone should not be required to pay Ceramiche Caesar S.p.A's (Ceramiche Caesar) costs or any proportion of it. The FCA found that Caesarstone has not had any unqualified success. The FCA determined that the appropriate order was for Ceramiche Caesar to pay 50% of the Caesarstone's costs, costs being assessed as if the three proceedings were a single proceeding, to be awarded in lump sum in the amount to be determined by the Registrar of Trade Marks.

Practice and procedure | Costs | Costs orders | Appropriate costs orders

Published:
11/03/2019
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