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ARTICLE · 26 JANUARY 2026

Reputation (High Court's Version): Bed Bath 'N' Table v Global Retail Brands Australia

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The High Court of Australia has allowed Bed Bath ‘N' Table Pty Ltd's (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).

AustraliaIntellectual Property
Jonathan Feder
Jonathan Feder
Amber Meyer
Amber Meyer

The High Court of Australia has allowed Bed Bath 'N' Table Pty Ltd's (BBNT) appeal from the decision of the Full Federal Court in its case against Global Retail Brands Australia Pty Ltd (GRBA).1

The key takeaway for businesses is that a finding against trade mark infringement does not prevent liability under the Australian Consumer Law (ACL).

Background
This case concerned GRBA's use of its HOUSE BED & BATH mark, including in the following stylisation, in relation to soft homewares:

1734442a.jpg

At trial, Rofe J found that the HOUSE Mark was not substantially identical with or deceptively similar to BBNT's trade mark registrations for BED BATH 'N' TABLE (BBNT Marks), but its use nonetheless constituted misleading or deceptive conduct in contravention of section 18(1) of the ACL and the tort of passing off.2

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