Recent judicial attention has reignited debate around the use of state of mind evidence and the continuing role of the Australian Woollen Mills “test”. Most notably, the High Court’s decision in Bed Bath N Table has prompted practitioners to ask: has the law shifted, or simply been clarified? Malcolm Bell, Partner at Phillips Ormonde Fitzpatrick, examines how courts are currently applying the Australian Woollen Mills test, with close analysis of Bed Bath N Table and other recent decisions. You will gain practical insight into what the High Court’s reasoning means for trademark litigation, how far state of mind evidence can now be taken, and whether long‑held assumptions need to be revisited.  

Presenters

Dr Steven Stern CTA FIPTA ICC, Barrister-at-Law, Svenson Barristers and Adjunct Professor, Victoria Law School, Victoria University
Dr Steven Stern FIPTA CTA ICC BEc LLB (Mon) LLM PhD (Melb), a former Mallesons' Senior Associate, practises at the Victorian Bar specialising in litigation and other disputes relating to trade marks, patents, copyright and other intellectual property. Dr Stern is a Fellow of The Institute of Patent and Trade Mark Attorneys of Australia. He is a Registered Trade Mark Attorney. From 2017 to 2023 Dr Stern was the Honorary Secretary of List S Svenson Barristers. Dr Stern presently is the Honorary Secretary of the Victorian Bar Council's Library Committee. He is an Adjunct Professor in the Victoria Law School and a Research Associate in the Institute of Sustainable Industries and Livable Cities at Victoria University; and a Supervising Practitioner in the Melbourne Law School Tax Clinic at The University of Melbourne. As Corporation Secretary/Principal Legal Officer at the Australian Wool Corporation, Dr Stern oversaw the patent and trade mark activities of what was for many decades Australia’s largest export industry. Subsequently, as University Secretary/University General Counsel at Victoria University, Dr Stern oversaw the patent and trade mark activities of an instittution which has developed a globally recognised excellence in the novel ways it undertakes scholarship, pure and applied research, invention, innovation, education and consultancy of international standing.

Malcolm Bell, Partner, Phillips Ormonde Fitzpatrick
His practice is split between litigious matters and his work as a patent attorney. Malcolm’s patent attorney practice includes all aspects of patent, trade marks and design work including drafting patent specifications, prosecuting patent and trade marks applications and providing infringement and validity advice. At University, Malcolm’s science major was chemistry, with his Honours year specialising in Inorganic Chemistry. Consequently, his patent work has an emphasis on chemical and related fields. Malcolm is also experienced in running opposition matters before both the Patent Office and Trade Marks Office, including appearing as an advocate. In the course of his legal practice, he has acted in patent matters covering a range of technologies, from simple mechanical devices to the more complex area of pharmaceuticals, polymer chemistry and plant biotechnology. A number of these have been part of international disputes. Malcolm also has extensive experience in trade marks, design, copyright and trade practices litigation.