3 Jul 2006
FREDCO TRADING LTD V ROBERT PETER MILLER CA CA20/05
- Citation
- openlaw-7f4c0e57_f4f2_4a6c_a191_a7643e198936.pdf
- Court
- Court of Appeal
The Court upheld the High Court: despite the Klipon shape being largely functional, specific and credible evidence showed consumers identify the product by shape and link that shape to origin; long, exclusive and widespread use together with market testimony established acquired distinctiveness under s18(2), so registration remains valid; appeal dismissed.