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”.