Protecting Product Shapes and Features: Beyond Design and Trade Marks Australia
‘Protecting Product Shapes and Features: Beyond Design and Trade Marks Australia’ (2012) 7(3) Journal of Intellectual Property Law and Practice 159 (doi: 10.1093/jiplp/jpr206)
Posted: 16 Sep 2014
Date Written: 2012
Abstract
In what has been described by Bodum’s lawyers as a "… landmark legal battle …" that is "… possibly the first of its kind in Australia …" the Full Court of the Federal Court of Australia has found in favour of the Danish designer and manufacturer of coffee plungers, protecting the distinctive shape and features of its Chambord plunger from imitation, in the absence of design or trade mark registration.
Keywords: Trade marks, trademarks, shapes, designs, fuctionality
JEL Classification: J10
Suggested Citation: Suggested Citation