User principle confirmed for assessing damages in passing-off cases

Australia

In Winnebago Industries Inc v Knott Investments Pty Ltd (No 4), 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.

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