Since the famous decision of the High Court of Australia in
Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd
(1982) 149 CLR 191 in 1982, it has been commonly accepted that a
rival trader can copy someone else's product with impunity
(unless the product is protected by statutory intellectual property
rights, such as a registered design), provided that the look-alike
product is marked with the rival trader's brand. The recent
decision of the Full Federal Court in Peter Bodum A/S & Ors
v DKSH Australia Pty Ltd [2011] FCAFC 98 casts some doubt on
whether that is a correct reading of the High Court's
decision.
What was the case about?
The well-known Bodum Chambord coffee plunger was first developed
in 1958. Since 1986, the Bodum Chambord coffee plunger has been
promoted and advertised widely in Australia and generated
substantial sales.
