Archive:January 2026

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Social Media MisuseA Cautionary Tale
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Reputation (High Court’s Version): Bed Bath ‘N’ Table v Global Retail Brands Australia
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PTAB Reinforces Preference for PGR

Social Media MisuseA Cautionary Tale

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise. Below are common issues and practical steps to help try and avoid being on the receiving end of enforcement efforts.

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

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).

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PTAB Reinforces Preference for PGR

The Patent Trial and Appeal Board (PTAB) recently designated a post-grant review (PGR) decision as precedential. In the decision, the Director issued a discretionary denial decision confirming that the proper analysis was a “totality of the circumstances” type analysis, taking into account all facts and arguments presented by the parties.  

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