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ARTICLE · 11 FEBRUARY 2016

User principle confirmed for assessing damages in Australian passing-off cases

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Trademark owners should also be vigilant in protecting and enforcing their trademark rights in a timely manner.

AustraliaIntellectual Property
Kathy Mytton
Kathy Mytton
Sean McManis
Sean McManis
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In Winnebago Industries Inc v Knott Investments Pty Ltd (No 4) ([2015] FCA 1327, December 2 2015), Yates J of the Federal Court of Australia has handed down its decision regarding damages in the long-running dispute between Winnebago Industries Inc (Winnebago US) and Knott Investments Pty Ltd.

By way of background, in the first instance proceedings in 2010, the Federal Court found that Knott Investments had engaged in passing off (and also acted in contravention of the Australian Consumer Law) by using the WINNEBAGO marks (ie, the Winnebago name, a stylised logo of the name and stylised W) in the business of the manufacture and sale of recreational vehicles in Australia. Knott Investments was restrained from further use of the WINNEBAGO marks.

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