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Keep your trade marks current: Gallo v Lion Nathan

In  E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2008] FCA 934 the Federal Court rejected a claim by Gallo that Lion Nathan's trade mark "Barefoot" in relation to a beer infringed its trade mark "Barefoot" in relation to wine.

Not only did Gallo fail to stop Lion Nathan, Lion Nathan succeeded in its counter-claim that Gallo's trade mark be removed for non-use.

A detailed analysis of the case is made by Nicholas Weston here.

July 2, 2008 in Intellectual Property | Permalink

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