Woodman Labs Inc (Now GoPro, Inc) v Ross Walmsley

Woodman Labs Inc (now GoPro, Inc) opposed the registration of a trade mark by Ross Walmsley before the Hearings Officer of the Trade Marks Hearings. The dispute concerned the grounds of opposition raised by Woodman Labs Inc.

The primary legal issue before the Hearings Officer was whether the grounds of opposition, specifically under subparagraph 42(b) of the relevant Act, had been established by Woodman Labs Inc. A preliminary issue also arose regarding the admissibility of a declaration made by Ross Walmsley, which Woodman Labs Inc sought to have considered by the Hearings Officer, even though it was filed after the usual timeframes for evidence submission.

The Hearings Officer determined that the opposition under subparagraph 42(b) was not established. The decision was based on the evidence presented, which did not satisfy the requirements for the opposition to succeed. The Hearings Officer also addressed the preliminary issue concerning the admissibility of Mr Walmsley's declaration, ultimately reserving a decision on that point to be included with the substantive decision. The Hearings Officer found that the opponent had not established its opposition to the registration of the trade mark.

The Hearings Officer ordered that the trade mark may proceed to registration one month from the date of the decision, unless a notice of appeal was served, in which case registration would be stayed pending the outcome of the appeal. Costs were awarded against the Opponent.