Bodum has won a landmark legal battle in the Full Federal Court of Australia over its classic Bodum Chambord French press coffee maker.
Mallesons Stephen Jaques, which acted for the company, believes the outcome of the design-infringement case is possibly the first of its kind in Australia, and says the distinctive shape and features of the coffee plunger will now be protected from imitation.
The court examined the Chambord and the offending copy – the Euroline plunger imported and sold by DKSH Australia. The court drew similarities between the shape and features of the Chambord and the iconic Coca-Cola bottle, and noted Bodum’s 30-plus years of advertising of the Chambord and the company’s strong reputation.
It decided that the Euroline was so similar to the original that consumers would think it came from or was somehow approved by Bodum. It ruled that DKSH Australia had engaged in misleading and deceptive conduct in breach of the Trade Practices Act 1974 and engaged in passing off.
Bodum said that it vigorously protects its intellectual property worldwide.