Warwick Rothnie (I do like his blog) points to Nature’s Blend Pty Ltd v Nestlé Australia Ltd [2010] FCAFC 117.
The Federal Court in that decision has affirmed the earlier judgment in the 'Luscious Lips' case, noted in a past post on this blog, agreeing that that Nestlé did not use 'Luscious Lips' as a trade mark.