Bed Bath ‘N’ Table Pty Ltd (ACN 005 216 866) v. Global Retail Brands Australia Pty Ltd (ACN 006 348 205)

Lower Court Judgment

31/10/2024 Federal Court of Australia (Nicholas, Katzmann and Downes JJ)

[2024] FCAFC 139

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.