Woodman Labs Inc (now GoPro, Inc) v Ross Walmsley [2015] ATMO 81 (4 September 2015)

Woodman Labs opposed the registration of an application by Ross Walmsely for the below trade mark covering alge and foodstuffs in Classes 29 and 30.

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Woodman Labs is the owner of the arguably well-known GOPRO cameras and it led evidence of the use of its trade mark in Australia since around 2004. From the opponent’s evidence, the Hearing Office was able to conclude that the opponent ‘has a very substantial reputation in the adventure and sports photography market’. However, the goods covered under the applicant’s mark were considered very different from the goods on which the opponent was able to demonstrate its reputation, such that the Hearing Officer concluded that deception or confusion was not likely (under section 60).

Having been satisfied that consumer deception or confusion would not be likely to arise, the Hearing Officer was also able to dismiss the section 42 ground.

The opposition failed and the application is to proceed to registration.

To view the Office decision, click here.