Judgment — ECLI:EU:T:2017:691
Date: 2017-10-05
Language of the case: Italian
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Italy

summary of the pleas in law on which the application is based (Rules of Procedure of the General Court, Art. 76(d)) (see para 97) Re: Action brought against the decision of the First Board of Appeal of EUIPO of 6 April 2016 (Case R 1005/2015-1) relating to opposition proceedings between Gianni Versace and Versace 19.69 Abbigliamento Sportivo. Operative part The Court: 1. Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 April 2016 (Case R 1005/2015-1) in so far as the Board of Appeal held that there had been genuine use of the earlier EU mark VERSACE for textile goods (not included in other classes) other than ‘household linen’ in class 24; 2. Dismisses the action as to the remainder; 3. Orders Versace 19.69 Abbigliamento Sportivo Srl to bear its own costs and to pay one half of the costs incurred by EUIPO; 4. Orders EUIPO EUIPO to bear one half of its own costs; 5. Orders Gianni Versace SpA to bear its own costs.