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.
Thursday, 21 May 2026
Description
Attend and earn 1 CPE Hour in Trade Marks
This program is applicable to practitioners from all States & Territories
12.00pm to 1.00pm State of Mind Evidence: Has the Law Changed After Bed Bath N Table?
- There has been a number of recent decisions where the Australian Woollen Mills ‘test’ has been considered, including notably by the High Court in the Bed Bath N Table case
- This session looks at the treatment by the courts of the Australian Woollen Mills test and whether the High Court has changed anything.
Presented by Malcolm Bell, Partner, Phillips Ormonde Fitzpatrick
Presenters
Malcolm Bell, Partner, Phillips Ormonde FitzpatrickHis 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.
