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

Scardamaglia, Amanda, Protecting Product Shapes and Features: Beyond Design and Trade Marks Australia (2012). ‘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), Available at SSRN: https://ssrn.com/abstract=2496170

Amanda Scardamaglia (Contact Author)

Swinburne University of Technology ( email )

Cnr Wakefield and William Streets, Hawthorn Victor
3122 Victoria, Victoria 3122
Australia

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