User principle confirmed for assessing damages in passing-off cases

In Winnebago Industries Inc v Knott Investments Pty Ltd (No 4) ([2015] FCA 1327, December 2 2015), Yates J of the Federal Court of Australia has handed down its decision regarding damages in the long-running dispute between Winnebago Industries Inc (Winnebago US) and Knott Investments Pty Ltd. By way of background, in the first instance