On May 19 2010 the Australian High Court delivered its judgment in the long-running dispute between E&J Gallo Winery and Lion Nathan Australia. The dispute focused on two principal causes of action. First, Gallo's claim that Lion Nathan's use of the trade mark Barefoot Radler infringed Gallo's registration of the trade mark Barefoot. And second, Lion Nathan's application to cancel Gallo's registration of the trade mark Barefoot on the grounds of non-use. However, there were other aspects of the proceedings that raised issues of fundamental importance to trade mark law and practice in Australia. Three of those issues are canvassed below.