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.