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.