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July-August, 2012 Vol. 102 No. 4 Back to TMR Main Page
 
“Secondary Signification” in Product Design Gets a New Lease on Life in Australia
 
 
    This article will consider briefly the nature of product appearance or design as distinguishing one trader’s goods from another, review how Australian cases have dealt with claims that such imitation products take advantage of the original trader’s reputation under the rubric of “passing off” and have diverged from English authority, discuss whether the decision of the Federal Court in the Peter Bodum case may have corrected that divergence, and provide guidance on how best to present a passing-off claim in Australia based on product design features given that decision.
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