Background:

• The dispute arose from Drainvac's action against Vacuum Specialists alleging trademark misuse and copyright infringement, which was struck due to inactivity and lack of response from Drainvac.
• Vacuum Specialists sought costs of $86,546.60, citing increased expenses due to the complexity of the case and the conduct of Drainvac’s counsel.

Court’s Analysis and Decision:

• The court considered the complexity of the case, the conduct of the parties, and the reasonableness of the costs claimed.
• Costs were sought against Drainvac's counsel personally, under Rule 404 of the Federal Courts Rules, due to alleged uncooperative behavior that increased litigation costs.
• The court declined to award costs against the counsel personally, finding the behavior, while detrimental, did not meet the high threshold for such an order.
• The court questioned the quantum of costs claimed, noting inconsistencies and lack of detailed evidence to justify the requested amount.

Outcome:

• The motion for costs was allowed in part, with costs awarded to the Defendant at the mid-point of Column IV of Tariff B, inclusive of costs for the motion. No amount specified.
• The court highlighted the need for detailed justification when seeking elevated cost awards and refrained from imposing costs personally on Drainvac’s counsel.