Winnebago appeals court decision
NSW motorhome builder to fight Federal Court order preventing ongoing use of Winnebago trade nameWinnebago Industries (Australia) has lodged an appeal against a Federal Court ruling concerning the ongoing use of the Winnebago name in Australia.
According to a statement on its website, the NSW motorhome manufacturer said "there are strong grounds for an appeal" of the decision that Sydney businessman Bruce Binns, through his company Knott Investments, had infringed the copyright of the American Winnebago brand.
In July, the Federal Court found that Mr Binns "intentionally hijacked" the US brand “in a bold attempt to pre-empt Winnebago’s opening its doors here”.
In an earlier statement, Knotts Investments said the company “bought the (Winnebago) business name in 1978 and we are completely shocked at this finding”.
The court ordered the cancellation of the Winnebago trademark in Australia, although the 11 Australian dealers named in the court action would be allowed some time to rebrand their businesses.
Despite sharing the same name Iowa-based Winnebago Industries, which has been manufacturing motorhomes in the US since 1966, has nothing to do with Knott Investments, which began making its own Winnebago-branded motorhomes in Sydney from around the early 1980s.
Winnebago Australia acknowledges this on its website: “Our Winnebago motorhomes are manufactured by an Australian business and are not manufactured by or under the licence of, and are not associated with, Winnebago Industries, Inc. of Iowa, USA."
The NSW manufacturer currently produces around 600 motorhomes a year at its Emu Plains, NSW factory.
“As a family-owned, Australian manufacturing business employing more than 160 people, we rely heavily on the reputation, goodwill and loyalty we have built over more than three decades operating as Winnebago in this country,” the company said in a statement.
“We believe we have an obligation to use every avenue available to us to protect this good name and our legitimate commercial interests.
“Our Winnebago customers should know that it is business as usual for us at this time. The legal proceedings ahead have no bearing on vehicles you may have purchased previously, or any warranty and after-sales arrangements you have.
“And whatever the outcome of the appeal, our work designing and manufacturing quality motorhomes for Australian conditions will continue.”
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