Australian Trade Marks: Are Beer And Wine The Same?

In the recent decision of E & J Gallo Winery v Lion

Nathan Australia Pty Limited [2009] FCAFC 27, the Full Federal

Court found that the conduct of Lion Nathan in selling in the

Australian market a specialty beer under the trade mark BAREFOOT

RADLER constituted infringement of an Australian registered trade

mark BAREFOOT, in the name of Gallo, in class 33 for

"wines". This determination was based on a conclusion

that Lion Nathan's radler beer constitutes "goods of

the same description" as wine for the purpose of the

infringement provisions of the Trade Marks Act...