Doteasy Technology Inc v Dot Easy Australia Pty. Ltd

This matter concerned an opposition by Doteasy Technology Inc. (DTI) to the registration of a trade mark by Dot Easy Australia Pty. Ltd. (DEA). The decision was made by Nicole Worth, acting as a delegate of the Registrar of Trade Marks, following a hearing in Canberra on 11 May 2011. DTI was represented at the hearing, while DEA did not attend or provide written submissions. The onus rested with DTI, as the opponent, to establish at least one ground of opposition on the balance of probabilities.

The primary legal issues before the delegate were to determine the validity of DTI's opposition to DEA's trade mark application, considering the evidence presented by both parties. This involved assessing the weight to be given to various forms of evidence, including statutory declarations and archived internet material, and determining whether DTI had discharged its onus of proof. The delegate also had to consider the admissibility and relevance of evidence, noting that the Registrar is not bound by strict rules of evidence but must act with procedural propriety and fairness.

The delegate noted that much of the evidence submitted by both parties contained significant portions of opinion and inference, which generally carried little weight. Particular attention was given to evidence obtained from the Internet Archive Wayback Machine, which was accepted as prima facie evidence of the existence and form of web pages at certain dates, but a lack of archived material was not conclusive proof of non-existence. The delegate also addressed submissions regarding the weight of hearsay evidence, affirming that while the Registrar is not bound by formal rules of evidence, all relevant material must be considered to ensure procedural fairness.

The delegate's decision and final orders are not detailed in the provided text.