Bodum: Appeal Court Affirms Trademark Distinctiveness Analysis

An earlier blog commented on the Federal Court’s decision in  Bodum USA, Inc. v. Meyer Housewares Canada Inc.  Bodum commenced an action for infringement, passing off and depreciation of goodwill against Meyer, which counterclaimed for a declaration that Bodum’s registration was invalid.  Bodum’s action was dismissed and the registration expunged.

The Court of Appeal has now affirmed this decision, noting that this is “essentially a distinctiveness case” and quoting statements from the trial decision that “‘French press’ is and was at all relevant times a common name for the type of non-electric coffee making device” and “the registration is invalid because the term was and is in ordinary and bona fide commercial use as a generic term”.

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About the Blog

The authors of the Canadian Trademark Blog are all members of the Canadian law firm Clark Wilson LLP, based in Vancouver, Canada. Each author's practice focuses–either in whole or in substantial part–on Canadian intellectual property law. Together, they manage the trade-mark portfolios of local, national and international brand owners in nearly all industries and markets.

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