Order — ECLI:EU:C:2017:964
Date: 2017-12-13
Language of the case: English
Court formation: Tenth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Order of the Court (Tenth Chamber) of 13 December 2017 — Morton’s of Chicago v EUIPO (Case C‑468/17 P) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — EU trade mark — Invalidity proceedings — Relative ground for invalidity — Declaration of invalidity — Figurative mark MORTON’S — Earlier non-registered national trade marks — Interpretation and application of national law — Action for passing off) 1. Appeal — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) 2. Appeal — Grounds — Review by the Court of the assessment of the rules of national law relied on by a party — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 5) Operative part 1. The appeal is dismissed. 2. Morton’s of Chicago Inc. shall bear its own costs.