Sector: Vehicles & Transport

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User principle confirmed for assessing damages in passing-off cases

In <I>Winnebago Industries Inc v Knott Investments Pty Ltd (No 4)</I>, the Federal Court has handed down its decision regarding damages in the long-running dispute between Winnebago Industries Inc and Knott Investments Pty Ltd over the use of the WINNEBAGO marks. This case confirms that the user principle applies to the assessment of damages in Australian passing-off cases.

07 January 2016

Genoa court clarifies ECJ Montex decision in patent case

In a case involving patents, a court in Genoa has given useful guidance on the interpretation of the European Court of Justice decision in Montex Holdings Ltd v Diesel SpA. Among other things, the Genoa court decision clarifies that the actual destination of goods for the purposes of a preliminary seizure and injunction can be demonstrated by means of documentary evidence, such as the relevant shipping documentation.

26 July 2007

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