COSTS - unsuccessful action for trade mark infringement - whether costs should be assessed on an indemnity basis following the unsuccessful applicant's non-acceptance of a Calderbank offer or because the unsuccessful applicant ought to have recognised from a given date that its case on infringement could not succeed - whether costs should be apportioned depending on the parties' mixed success in respect of the issues raised at trial - where the questions of whether costs should be awarded on a lump sum basis and the quantum of such costs are referred to a Registrar acting as a referee for inquiry and report
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