1 August 2012: Winnebago Industries, an American-based manufacturer of Winnebago-branded recreational vehicles (RVs), was successful in its claim in passing off against Knott Investments, an Australian company that manufactures and sells RVs under the Winnebago name. The Federal Court found that Winnebago Industries had sufficient reputation in Australia such that potential customers looking to purchase or rent RVs were likely to be deceived that the RVs manufactured in Australia by Knott Investments were manufactured by Winnebago Industries. The Court also found that the founder of Knott Investments ‘intentionally hijacked’ and deliberately exploited Winnebago’s brand, logo and reputation, in breach of the (CTH) Trade Practices Act 1974 and (CTH) Competition and Consumer Act 2010 Sch 2.
Read the case here.