Protecting product shapes and features: beyond design and trade marks in Australia

摘要

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.