By Theresa Wang
Although Internet evidence may be submitted as evidence in a TTAB proceeding, practitioners should be wary of what the Internet evidence actually proves. For example, though printed screenshots of webpages may depict a website captured as of a specific date, this evidence still may be inadmissible as hearsay where offered for the truth of the matter asserted. See 7-Eleven Inc. v. Wechsler, 83 USPQ2d 1715, 1717 n.2 (TTAB 2007) (requiring a competent witness to testify regarding print materials submitted under notice of reliance). In this way, printed Internet evidence is subject to the same standards as other documents submitted through notices of reliance. TBMP sec. 704.08. Moreover, the Board has held that webpages from Internet archives, such as printouts from the Wayback Machine, are not self-authenticating and that declarations may not establish sufficient foundation for admitting these documents as evidence. See BB Online UK Limited v. 101Domain, Inc., 2012 WL 10702525 at *5 (TTAB Feb. 8, 2012).
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