Trade Mark News & Information

Trademark Lawyers Australia – Federal Court – Hugo Boss

Hugo Boss Trade Mark Management GmbH & Co Kg v Sasalili Oxford Fia [2014] FCA 1328 (5 December 2014)

This case contains a useful overview of issues relevant to the assessment of damages for trade mark infringement and the power of the court to award additional damages.

Ordinary damages are compensatory and are to put the claimant in the same position he would have been in had the wrong not been sustained.

An award of additional damages under s126(2)(a) is discretionary and Middleton J referred to the Halal Certification Authority case ( reported on 13 June 2014). Here, the respondents failed to provide full disclosure as to the manufacture of clothing and hats bearing the infringing BOSSIT trade mark and his Honour was satisfied the respondents had a disregard for the property rights of Hugo Boss. An award of $10,000 in additional damages was ordered as well as $20,000 in compensatory damages and costs.