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The Interface between Trademark, Designs and Passing Off under Australian Law: The Philips Case

Honey, R. and Sinden, P. (2000) The Interface between Trademark, Designs and Passing Off under Australian Law: The Philips Case. eLaw Journal: Murdoch University Electronic Journal of Law, 7 (3).

Free to read: https://www.murdoch.edu.au/elaw/issues/v7n4/sinden...
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Abstract

The appellants, Philips Electronics and Philips Australia ("Philips"), respectively manufactured and distributed in Australia men's rotary electric shavers. One of Philips most successful products is a shaver with three rotary heads positioned so as to form an equilateral triangle. For many years and until June 1997, Philips' rotary shavers were the only rotary shavers sold in Australia with the result that these shavers had become exclusively associated with Philips. Philips Electronics owned a registered design in respect of the shape and configuration of their shaver. They also owned two trademarks. The trademarks each consisted of drawings or logos depicting three circles arranged to form an equilateral triangle. In June 1997, the respondent, Remington, who had hitherto sold only "foil" shavers, began importing and selling men's triple-headed rotary electric shavers. Remington's shavers were clearly marked with the word "Remington", but they did resemble Philips registered design. However, the Remington shaver did have three rotary heads arranged to form an equilateral triangle. Remington packaged the product so that the shaving head was clearly visible.

Publication Type: Journal Article
Murdoch Affiliation: School of Law
Publisher: School of Law, Murdoch University
Publishers Website: http://www.murdoch.edu.au/School-of-Law/
URI: http://researchrepository.murdoch.edu.au/id/eprint/24126
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