New name AVIDA for Winnebago

[T1 Terry]

Here is the thread on CF http://www.caravanersforum.com/viewtopi ... da#p552773 and here is the court judgement complete with admissions http://www.judgments.fedcourt.gov.au/ju ... 3fcafc0059 Read and judge for yourself

[dapope]

I read that as saying they could use Winnebago, but not the mark, and that any damages costs would be minimal because of the original Winnebago not doing anything initially

[Craig]

That is exactly what the Winnebago rep told us today Martin. He said they had to change the way Winnebago was written. ie the W with the underline has to be changed.

[T1 Terry]

152 Ground 2 of the notice of contention is that the primary judge should have found the first appellant breached the settlement agreement. For the reasons given I also agree with this contention and that the registration by the first appellant of the trade mark must be cancelled but I do not agree that this breach can lead to the remedy of restraining the appellants’ from using the name and logo provided that an adequate disclaimer is also used. As a result it is unnecessary to consider the appellants’ restraint of trade argument.

To me, this says the judges confirm the trademark registration must be cancelled and they do not agree to the remedy of providing an adequate disclaimer is sufficient to allow the use of the name or logo. To me it says they lost all round, but maybe there is room for negotiation regarding financial reimbursement to Winnebago.

[Rover All Over]

Thinking more back to what they had with the new name at the rally in Maryborough it was

"Avida, the Australian Winnebago"

See how they are doing it on their website here

http://www.avidarv.com.au/motorhomes

[Craig]

I don't know how you come to that conclusion Terry. The appeals Judge said "I do not agree that this breach can lead to the remedy of restraining the appellants’ from using the name and logo provided that an adequate disclaimer is also used."
And the disclaimer is and will more than likely be the use of the word Australian in the name Australian Winnebago.

[dapope]

I see avibago have gone back to offering the classic a class ! No price though
Spartan chassis with Cummins pusher diesel

[T1 Terry]

I don't know how you come to that conclusion Terry. The appeals Judge said "I do not agree that this breach can lead to the remedy of restraining the appellants’ from using the name and logo provided that an adequate disclaimer is also used."
And the disclaimer is and will more than likely be the use of the word Australian in the name Australian Winnebago.

I guess it's another interpretation thing "I do not agree that this breach can lead to the remedy" is the part i see the judge saying the a disclaimer isn't enough for the name and logo to still be used.
If you read the whole last paragraph

152 Ground 2 of the notice of contention is that the primary judge should have found the first appellant breached the settlement agreement. For the reasons given I also agree with this contention and that the registration by the first appellant of the trade mark must be cancelled but I do not agree that this breach can lead to the remedy of restraining the appellants’ from using the name and logo provided that an adequate disclaimer is also used. As a result it is unnecessary to consider the appellants’ restraint of trade argument.

To me it says the judge viewed the first breach of the settlement agreement showed a lack of trust that the disclaimer would be worded in a way that was sufficient to allow the continued us of the logo and name and the trademark in registered in "The First Appellant's name (AUSTRALIAN MOTOR HOMES PTY LTD (ACN 073 625 868)" so it must be cancelled and the name and logo could no longer be used.

[Craig]

Well that's not what the Winnebago rep told me yesterday. He said they could still use the name Australian Winnebago but had to change they way the "W with the underline" so that it did not look like the American Winnebago.

[T1 Terry]

This was the appeal

1 Knott Investments Pty Limited (Knott) and various other companies appeal against orders made by a judge of the Court permanently restraining them from using the name “Winnebago” and associated logos of “W” in connection with the manufacture, promotion or sale of recreational vehicles, and against associated orders, including the removal from the Register of Trade Marks of Mark No 729,781 in Knott’s name.

(g) Should the Trade Marks Register be rectified by the cancellation and removal of Knott’s Australian mark? The primary judge said, yes.

But if they are not allowed to use the Winnebago name at all then there wouldn't be much point in it trying to make the "W" logo look different. Does Binns still think there is some value left in trading in an American RV companies name? I can't see his reasoning in continually throwing money into a loosing battle, if he spent the same amount of money promoting the new name, and his product was that good to back it up, surely he would be better off, he had a long run trading on someone elses reputation after his company Fairway went belly up, that must be paid for at some time, he must have known that when he started using it.