Bed Bath ‘N’ Table Pty Ltd (ACN 005 216 866) v. Global Retail Brands Australia Pty Ltd (ACN 006 348 205)
Case No.
M32/2025
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)
22/05/2025 Chronology (Appellant)
19/06/2025 Written submissions (Respondent)
10/07/2025 Reply
*The due dates shown for documents on this page are indicative only.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Laming v Electoral Commissioner of the Australian Electoral Commission
Date: 09 April 2025
Transcript: Hearing
AV time: 2h 37m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: The King v Batak
Date: 08 April 2025
Transcript: Hearing
AV time: 1h 08m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Commissioner of Taxation v PepsiCo, Inc.; Commissioner of Taxation v Stokely-Van Camp, Inc.
Date: 03 April 2025
Transcript: Hearing
AV time: 4h 09m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.
Audio-visual recordings of Full Court hearings heard in Canberra
Case: Commissioner of Taxation v PepsiCo, Inc.; Commissioner of Taxation v Stokely-Van Camp, Inc.
Date: 02 April 2025
Transcript: Hearing
AV time: 4h 34m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.