Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty LtdCitation:[2025] HCA 50Before:Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJDate:10 Dec 2025Case Number:M32/2025Read more
The High Court held that the use of 'House Bed & Bath' as a trade mark was likely to mislead or deceive consumers in contravention of s 18(1) of the Australian Consumer Law, given the established reputation of 'BED BATH 'N' TABLE' and the similarity in the context of soft homewares retailing. The trader's wilful...
Source-derived case information.
- Parties
- Applicant: Bed Bath 'N' Table Pty Ltd; Respondent: Global Retail Brands Australia Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 10 December 2025
- Procedural Posture
- Civil / Appeal
- Outcome
- appeal allowed
- Legal Topics
- Misleading or Deceptive Conduct, Trade Mark Infringement, Confusion in Trade Marks
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bed Bath 'N' Table Pty Ltd
Applicant
Global Retail Brands Australia Pty Ltd
Respondent
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether use of 'House Bed & Bath' trade mark is misleading or deceptive or likely to mislead or deceive under s 18(1) of Australian Consumer Law
- 2 Whether trader's wilful blindness to possibility of confusion is relevant to the objective test for misleading or deceptive conduct
- 3 Whether the primary judge's conclusion involved material error
Ratio Decidendi
The High Court held that the use of 'House Bed & Bath' as a trade mark was likely to mislead or deceive consumers in contravention of s 18(1) of the Australian Consumer Law, given the established reputation of 'BED BATH 'N' TABLE' and the similarity in the context of soft homewares retailing. The trader's wilful blindness to the risk of confusion was relevant but not determinative; the objective likelihood of confusion was sufficient to establish contravention.
Court Disposition
appeal allowed
Orders
- Declaration that the use of 'House Bed & Bath' trade mark contravened s 18(1) of the Australian Consumer Law
- Injunction restraining the respondent from using 'House Bed & Bath' as a trade mark in relation to soft homewares
Full Case Text
Judgment text and source record
1 paragraphs
Judgment date 10 December 2025 Case number M32/2025 Before Gageler CJ, Gordon, Edelman, Jagot, Beech-Jones JJ Catchwords Trade practices – Misleading or deceptive conduct – Where "House Bed & Bath" trade mark used as name of new soft homewares stores – Where network of stores throughout Australia sold soft homewares under trade marks including "BED BATH 'N' TABLE" since 1976 – Whether use of "House Bed & Bath" trade mark misleading or deceptive or likely to mislead or deceive in contravention of s 18(1) of Australian Consumer Law – Whether trader's wilful blindness to possibility of confusion relevant to objective question of misleading or deceptive conduct – Whether primary judge's conclusion involved material error. Words and phrases – "appellate review", "conduct", "confusion", "context", "deceptive similarity", "deceptively similar", "distinctiveness", "evidentiary approach", "immediate and broader context", "inference", "likely to mislead or deceive", "misleading or deceptive", "objective assessment of fact", "reputation", "state of mind", "trade mark", "trade or commerce", "trader", "wilful blindness". Competition and Consumer Act 2010 (Cth), Sch 2, s 18(1). Trade Marks Act 1995 (Cth), s 120(1). Files Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd (M32-2025) [2025] HCA 50.pdf (355.63 KB) Bed Bath 'N' Table Pty Ltd v Global Retail Brands Australia Pty Ltd (M32-2025) [2025] HCA 50.docx (128.06 KB)