ABSTRACT
Bed Bath N’ Table Pty Ltd v Global Retail Brands Australia Pty Ltd is a decision of Rofe J of the Federal Court, handed down on 14 December 2023. The decision relates to a dispute between two well-known homewares retailers, Bed Bath N’ Table Pty Ltd (BBNT) and Global Retail Brands Australia Pty Ltd (GRBA) which trades as ‘House’. The dispute arose from the establishment of a new soft furnishings business by House, named ‘House Bed & Bath’. BBNT challenged the new entrant’s branding on the basis of three alternative grounds: trade mark infringement, misleading and deceptive conduct, and passing off.
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Simon Muys, Kelvin Ng and Jason Ghaly, Bed, Bath and a cautionary fable – when trade mark, consumer and tort law collide, Australian Journal of Competition and Consumer Law, volume 32, issue 2 (1 June 2024).
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