The MILANO PIZZERIA take-out restaurants in Ottawa and surrounding areas and the Plaintiff's trademark rights in the MILANO PIZZERIA & Design mark were the focal point of the dispute. The Plaintiff had alleged trademark infringement, passing off, and depreciation of goodwill, while the Defendants had counterclaimed for the expungement of the trademark registration. The court had dismissed the Plaintiff's action and granted the Defendants' counterclaim, declaring the trademark registration invalid. A lump sum costs award of $104,848.10 was to be paid by the Plaintiff/Defendants by Counterclaim to the Defendants/Plaintiffs by Counterclaim. No separate damages award was given as the issue had become irrelevant.

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