Journal Article

Mixing it up: food mixers, design marks, and when similarity becomes confusion

Steven James

in Journal of Intellectual Property Law & Practice

Volume 4, issue 1, pages 13-14
Published in print January 2009 | ISSN: 1747-1532
Published online November 2008 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpn216
Mixing it up: food mixers, design marks, and when similarity becomes confusion

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While the High Court accepted that there was some similarity between Kenwood's new kMix mixer and the KitchenAid Artisan food mixer (the ‘Artisan mixer’) manufactured and distributed by Whirlpool, it rejected Whirlpool's claims for trade mark infringement and passing off because such similarity was insufficient to cause confusion in the mind of the average design conscious consumer, or to cause detriment to the distinctive character or repute of Whirlpool's mark.

Journal Article.  1091 words. 

Subjects: Arbitration ; Intellectual Property Law

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