The High Court of Australia has overturned the Full Federal Court’s decision and reinstated the orders of the primary judge, Rofe J. In the Federal Court, Rofe J held that Global Retail Brands Australia Pty Ltd’s use of the mark “HOUSE BED & BATH” did not infringe Bed Bath ‘N’ Table’s registered trade mark “BED BATH N’ TABLE” under section 120(1) of the Trade Marks Act 1995 (Cth), finding the marks were neither substantially identical nor deceptively similar. However Rofe J found, in its manner of use of the words “HOUSE BED & BATH”, Global Brands engaged in misleading or deceptive conduct in contravention of the Australian Consumer Law.
Authors:
Tim O'Callaghan (tocallaghan@piperalderman.com.au – Partner),
Travis Shueard (tshueard@piperalderman.com.au – Special Counsel),
Madison Milward (mmillward@piperalderman.com.au – Lawyer)