Used under a Creative Commons Licence
Protecting Your Furniture and Jewellery Designs
Imagine that you are a furniture or jewellery designer who has spent months working on a unique piece—a stunning timber dining table.
Then one day, you walk into a store or browse online and see a near-identical version being sold at a fraction of the price.
Infuriating? Yes. But what can you do about it?
The good news is that Australian law does offer some protection against lookalike products, though it depends on several factors.
The ‘Luna Pendant’ Copycat
A case study is always a good way to show how the law works.
Olivia is an Australian jewellery designer known for her handcrafted, organic-inspired designs.
Her best-selling piece, the ‘Luna Pendant,’ features a distinctive crescent shape with a raw, textured finish, It is instantly recognisable to her loyal customers.
Months after launching, Olivia receives messages from clients asking if she’s now selling through a major chain store.
Confused, she checks their website and, to her shock, finds a near-identical ‘moon pendant’ listed for half the price, mass-produced overseas. It has the same shape, texture, and even a similar name.
While Olivia didn’t register her design, she wonders—can she stop this? And if so, how?
The Law and Lookalike Products
One court case is Bodum v DKSH Australia, involving coffee plungers.
Here, French company Bodum is famous for its sleek glass coffee plungers.
When DKSH Australia started selling a similar product at Aldi, Bodum took legal action, claiming the copycat product misled customers into believing it was a Bodum product.
Initially, Bodum won.
However, DKSH Australia appealed, and the key legal question became: Would a reasonable consumer think they were buying a “Bodum” product, or just a generic plunger?
On appeal, Bodum won again.
The court found that the similarities were not coincidental but deliberately designed to capitalise on Bodum’s market reputation.
This ruling is significant for furniture and jewellery designers because it reinforces that deliberate imitation, especially where it confuses consumers, may mean it can be legally challenged. Each case turns on its facts so there are no hard and fast rules in the law.
How to Protect Your Furniture or Jewellery Designs
The key takeaway from the Bodum case is that designers have legal options when copycats emerge.
We can assist furniture and jewellery designers is to register their designs with IP Australia. Registered designs give you exclusive rights over the appearance of your product, including its shape, pattern, and ornamentation.
Trade Marks for Branding
If your design includes a logo, signature motif, or distinctive pattern, you may be able to trade mark it. For more about trade marks go to this link: https://sharongivoni.com.au/services/intellectual-property/trade-marks/
Even if you don’t have a registered trade mark or design, you might have common law rights under passing off if your design has built up a reputation and a copycat is unfairly benefiting from it.
At Sharon Givoni Consulting, the law firm that powers DesignWise, we help furniture and jewellery designers protect their work from lookalike products and copycat designs.
If you’re facing this issue, Sharon Givoni Consulting can:
- Assess your legal options under design law, trade marks, and consumer law
- Draft cease and desist letters to put copycats on notice
- Guide you on design registration to strengthen protection
- Take legal action if necessary
Read More About Protecting Your Designs – https://sharongivoni.com.au/services/intellectual-property/design-law/
Protecting furniture designs: https://sharongivoni.com.au/australian-furniture-association/
For more about copyright and designs – https://www.linkedin.com/pulse/avoiding-gaps-copyrightdesign-overlap-sharon-givoni and https://sharongivoni.com.au/inspiration-vs-perspiration-the-basics-of-copyright-with-sharon-givoni/
FAQs: Protecting Your Furniture and Jewellery Designs
1. Can I protect my furniture or jewellery designs under Australian law?
Yes, Australian law offers different ways to protect designs. If you haven’t registered your design, you may still have protection under consumer law if the copycat product misleads customers into thinking it is yours.
2. What should I do if someone copies my design?
If you find a copycat product, document everything—take screenshots, keep customer complaints, and compare your design with the infringing product. Then, seek legal advice to explore your options. You may be able to send what is known as a letter of demand or take further legal action if necessary.
3. Does copyright protect my furniture or jewellery designs?
Copyright law in Australia generally does not protect functional designs. This means that some furniture pieces do not receive automatic copyright protection. But if the jewellery or furniture is a work of artistic craftsmanship under the Copyright Act the situation might be different. Best to get legal advice as this isa very nuanced area of law.
4. What is the best way to prevent people from copying my designs?
The best way to prevent legal headaches is to protect your designs early. We can help register your designs and trade marks for distinctive logos or patterns, and keep clear records of creation (such as sketches and prototypes) to prove originality.
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.