Teton Gravity Research LLC v Tiger Woods Enterprises SA

This matter concerned an opposition to the extension of protection of an international trade mark registration (IRDA) into Australia. The Opponent, Teton Gravity Research LLC, sought to prevent the extension of protection for the Holder's trade mark, arguing it was filed in bad faith. The decision was made by Robert Wilson, Hearing Officer, on behalf of the Registrar of Trade Marks.

The primary legal issue before the Hearing Officer was whether the Opponent had established that the Holder's IRDA was filed in bad faith. This required an assessment of the evidence presented by both parties regarding the use and intention behind the trade mark. The Opponent also relied on its own registered trade marks and applications, asserting their priority dates were earlier than the IRDA, though this was not the central ground of opposition.

The Hearing Officer found that the Opponent had failed to provide sufficient evidence to support its claims of bad faith. While the Opponent asserted it had launched goods and services in Australia since approximately 1998 and had conducted film shows and tours, the supporting documentation, such as Wayback Machine archives and revenue figures, was deemed insufficient to establish actual use or intent to use the mark in Australia at the relevant time. Statements made in declarations without corroborating evidence were afforded little weight. Consequently, the Hearing Officer concluded that the Opponent had not satisfied the onus of proving bad faith.

As the Opponent failed to establish any grounds for opposition, the Hearing Officer decided that protection of the Holder's trade mark could be extended to Australia. The Holder was awarded costs against the Opponent.