Order — ECLI:EU:C:2016:95
Date: 2016-02-17
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Belgium

Order of the Court (Sixth Chamber) of 17 February 2016 — Shoe Branding Europe v adidas (Case C‑396/15 P) Appeal — Community trade mark — Regulation (EC) No 207/2009 — Article 65 — Position mark — Two parallel stripes on the side of a shoe — Opposition by the proprietor of Community and national figurative marks and international registration representing three parallel stripes applied to shoes and clothing — Opposition rejected 1. Appeal — Grounds — Mistaken assessment of the facts — 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 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 15, 27) 2. Community trade mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services — Likelihood of confusion with the earlier mark — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 41, 43) 3. Community trade mark — Appeals procedure — Action before the EU judicature — Jurisdiction of the General Court — Review of the lawfulness of decisions of the Boards of Appeal — Review of the legal classification given to the facts of the dispute — Included (Council Regulation No 207/2009, Art. 65) (see paras 66, 67) Operative part 1. The appeal is dismissed. 2. Shoe Branding Europe BVBA is order to bear its own costs.