E. & J. Gallo Winery v Lion Nathan Australia Pty Limited

Intellectual property – Trade marks - Respondent sought removal of appellant's registered trade mark from Register for non-use during prescribed statutory period - Previous foreign registered owner of trade mark authorised by licence attachment of trade mark to goods offered for sale and sold overseas - Goods offered for sale and sold in Australia during statutory period without knowledge of appellant, previous registered owner and licensee of trade mark - Whether trade mark used in Australia by registered owner or authorised user - Whether registered owner or authorised user must knowingly project goods bearing trade mark into course of trade in Australia - Whether use in good faith.

Words and phrases – "in the course of trade", "use in good faith".

Trade Marks Act 1995 (Cth) – ss 92(4), 100(1), 100(3).