Let's go to Thredbo in the Winnebago and find some realestate.com.au: trade marks and what they can and can't do for you - Part 3

This is the third in a series of articles focusing on some of this year's Federal Court cases, exploring what makes a good trade mark, how registering a trade mark can help and what a Court case can achieve in terms of court orders and remedies.

Topic 3: If you get it right and win - court outcomes

The most common form of relief in passing off and trade mark cases is an injunction restraining the offending conduct (i.e. the use of the offending name or mark) and either an account of profits or damages. There are also usually orders made for delivery up of any goods or printed materials that use the offending marks. Orders along those lines were made at trial in Winnebago Industries v Knott Investments [2011] FCA 625 following the trial judge's findings of passing off and misleading conduct. But on appeal in Knott Investments v Winnebago Industries [2013] FCAFC 59) the Full Court dissolved the trial judge's orders and Knott Investments was permitted to keep on using the Winnebago mark in Australia indefinitely, provided only that it added an appropriate disclaimer when it did so. The Winnebago case therefore makes an interesting starting point for a discussion of what the "usual relief" is in trade mark proceedings and when it might and might not apply.

Mr Binns of Knott...