Bed Bath ‘N’ Table Pty Ltd (ACN 005 216 866) v. Global Retail Brands Australia Pty Ltd (ACN 006 348 205)
Case information
Lower Court Judgment
31/10/2024 Federal Court of Australia (Nicholas, Katzmann and Downes JJ)
Catchwords
Trade marks – Consumer law – Misleading or deceptive conduct – Passing off –Whether, by its use of trade mark in relation to soft homewares in a market in which the appellant's trade mark has a significant reputation accumulated over a 40 year period in the soft homewares market, the respondent contravened s 18(1) of the Australian Consumer Law – Whether respondent's use of trade mark was misleading and deceptive – Where primary judge found that the respondent's representatives were "wilfully blind" to the risk of confusion – "fitted for purpose" test.
Documents
03/04/2025 | Determination |
16/04/2025 | Notice of appeal |
22/05/2025 |
Written submissions (Appellant)
(468.37 KB)
|
22/05/2025 |
Chronology (Appellant)
(367.81 KB)
|
19/06/2025 |
Written submissions (Respondent)
(270.92 KB)
|
10/07/2025 |
Reply
(345.67 KB)
|
12/08/2025 | Hearing (Full Court, Perth) |