Yarrum Group Pty Ltd v iGear.com.au Pty Ltd

The proceeding involved Yarrum Group Pty Ltd (the Opponent) and iGear.com.au Pty Ltd (the Applicant). The dispute concerned Yarrum Group's opposition to the registration of a trade mark by iGear.com.au. The matter was heard by Louise Tuohy.

The court was required to determine whether Yarrum Group had established any grounds for opposing the registration of iGear.com.au's trade mark. The onus was on the Opponent to prove its case on the balance of probabilities.

The court considered evidence presented by both parties, including statutory declarations from directors, trade mark attorneys, and customers, as well as written submissions. Yarrum Group, incorporated in 2006, claimed to have operated a store in Alice Springs since January 2011, providing goods and services under its plain word and stylised trade marks. The court would assess whether this evidence met the required standard to establish the grounds of opposition.