ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 191/28

Judgment of the General Court of 19 April 2016 — Spirig Pharma v EUIPO (Daylong)

(Case T-261/15) (1)

((EU trade mark - Application for EU figurative trade mark Daylong - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2016/C 191/36)

Language of the case: French

Parties

Applicant: Spirig Pharma AG (Egerkingen, Switzerland) (represented by: T. de Haan and P. Péters, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Melgar and J. Crespo Carrillo, acting as Agents)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 24 March 2015 (Case R 2455/2014-4), concerning an application for registration of the figurative sign Daylong as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Spirig Pharma AG to pay the costs.

(1) OJ C 245, 27.7.2015.
EN Official Journal of the European Union C 145/27

Judgment of the General Court of 10 March 2016 — credentis v OHIM — Aldi Karlslunde (Curodont)

(Case T-53/15) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Curodont - Earlier national word mark Eurodont - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 145/33)

Language of the case: English

Parties

Applicant: credentis AG (Windisch, Switzerland) (represented by: D. Breuer, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral and J. Ivanauskas, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Aldi Karlslunde K/S (Karlslunde, Denmark) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 13 November 2014 (case R 353/2014-1), relating to opposition proceedings between Aldi Karlslunde K/S and credentis AG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders credentis AG to pay the costs.

(1) OJ C 107, 30.3.2015.
EN Official Journal of the European Union C 243/32

Judgment of the General Court of 25 May 2016 — U-R LAB v EUIPO

(Case T-422/15 and 423/15) (1)

((European Union trade mark - Application for European Union figurative and word marks THE DINING EXPERIENCE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 - Obligation to state reasons - Article 75 of Regulation No 207/2009))

(2016/C 243/34)

Language of the case: French

Parties

Applicant: U-R LAB (Paris, France) (represented by: G. Barbaut, lawyer)

Defendant: European Union Intellectual Property Office (represented by: J.Crespo Carrillo, acting as Agent)

Re:

Two actions brought against the decision of the Fourth Board of Appeal of EUIPO of 20 May 2015 (Cases R 2541/2014 4 and R 2542/2014 4) concerning applications for registration of, first, the figurative sign and, secondly, the word sign THE DINING EXPERIENCE as European Union trade marks.

Operative part of the judgment

The Court:

1. Joins Cases T-422/15 and T-423/15 for the purposes of the present judgment;

2. Dismisses the actions;

3. Orders U-R LAB to pay the costs.

(1) OJ C 328, 5.10.2015.
Official Journal of the European Union

Judgment of the General Court of 4 May 2016 — Bodegas Williams & Humbert v EUIPO — Central Hisumer (BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN)

(Case T-193/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark BOTANIC WILLIAMS & HUMBERT LONDON DRY GIN - Earlier EU word mark THE BOTANICALS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 222/19)

Language of the case: Spanish

Parties

Applicant: Bodegas Williams & Humbert, SA (Jerez de la Frontera, Spain) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Palmero Cabezas, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Central Hisumer, SL (Orihuela, Spain) (represented by: D. Garrido Jiménez, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 23 February 2015 (Case R 594/2014-4) relating to opposition proceedings between Central Hisumer and Bodegas Williams & Humbert.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bodegas Williams & Humbert, SA to pay the costs.

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 314/23

Judgment of the General Court of 14 July 2016 — Monster Energy v EUIPO — Mad Catz Interactive (Representation of a black square with four white lines)

(Case T-567/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark representing a black square with four white lines - Earlier EU figurative mark representing three claws positioned vertically - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 314/32)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Mad Catz Interactive, Inc. (San Diego, California, United States)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 1 July 2015 (Case R 2368/2014-5), concerning opposition proceedings between Monster Energy Company and Mad Catz Interactive.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monster Energy Company to pay the costs.

(1) OJ C 381, 16.11.2015.
EN Official Journal of the European Union C 270/42

Judgment of the General Court of 8 June 2016 — Monster Energy v EUIPO (Representation of a peace symbol)

(Case T-583/15) (1)

((EU trade mark - Application for an EU figurative mark representing a peace symbol - Application for restitutio in integrum - Non-compliance with the time limit for bringing an action before the General Court))

(2016/C 270/47)

Language of the case: English

Parties

Applicant: Monster Energy Company (Corona, California, United States) (represented by: P. Brownlow, Solicitor)

Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 17 July 2015 (Case R 2788/2014-2), concerning an application for registration as an EU trade mark of a figurative sign representing a peace symbol.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monster Energy Company to pay the costs.

(1) OJ C 414, 14.12.2015.
EN Official Journal of the European Union C 392/35

Judgment of the General Court of 14 September 2016 — National Iranian Tanker Company v Council

(Case T-207/15) (1)

((Common foreign and security policy - Restrictive measures adopted against Iran with the aim of preventing nuclear proliferation - Freezing of funds - Res judicata - Right to an effective remedy - Error of assessment - Rights of the defence - Right to property - Proportionality))

(2016/C 392/44)

Language of the case: English

Parties

Applicant: National Iranian Tanker Company (Tehran, Iran) (represented by: T. de la Mare QC, M. Lester, J. Pobjoy, Barristers, R. Chandrasekera, S. Ashley and C. Murphy, Solicitors)

Defendant: Council of the European Union (represented initially by N. Rouam and M. Bishop, and subsequently by M. Bishop and A. Vitro, acting as Agents)

Re:

Application under Article 263 TFEU for annulment of Council Decision (CFSP) 2015/236 of 12 February 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ 2015 L 39, p. 18) and Council Implementing Regulation (EU) No 2015/230 of 12 February 2015 implementing Regulation (EU) No 267/2012 concerning restrictive measures against Iran (OJ 2015 L 39, p. 3), in so far as those measures concern the applicant, or, in the alternative, application under Article 277 TFEU for a declaration of inapplicability of Article 20(1)(c) of Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ 2010 L 195, p. 39) and of Article 23(2)(d) of Council Regulation (EU) No 267/2012 of 23 March 2012 concerning restrictive measures against Iran and repealing Regulation (EU) No 961/2010 (OJ 2012 L 88, p. 1), in so far as those provisions apply to the applicant.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders National Iranian Tanker Company and the Council of the European Union to bear their own costs.

(1) OJ C 245, 27.7.2015.
EN Official Journal of the European Union C 392/36

Judgment of the General Court of 15 September 2016 — Arrom Conseil v EUIPO — PUIG France (Roméo has a Gun by Romano Ricci)

(Case T-358/15) (1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark Roméo has a Gun by Romano Ricci - Earlier EU word marks NINA RICCI and RICCI - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Unfair advantage taken of the distinctive character or reputation of the earlier marks - Damage to reputation - Article 8(5) of Regulation No 207/2009))

(2016/C 392/45)

Language of the case: English

Parties

Applicant: Arrom Conseil (Paris, France) (represented by: C. Herissay Ducamp and J. Blanchard, lawyers)

Defendant: European Union Intellectual Property Office (represented by: H. Kunz, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: PUIG France SAS (Paris, France) (represented by: E. Armijo Chávarri, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 March 2015 (Case R 1020/2014-1) relating to opposition proceedings between Puig France and Arrom Conseil.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Arrom Conseil to bear its own costs and pay the costs incurred by the European Union Intellectual Property Office and PUIG France SAS.

(1) OJ C 294, 7.9.2015.
EN Official Journal of the European Union C 410/15

Judgment of the General Court of 28 September 2016 — Pinto Eliseu Baptista Lopes Canhoto v EUIPO — University College London (CITRUS SATURDAY)

(Case T-400/15) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark CITRUS SATURDAY - Earlier national word mark CITRUS - Late submission of documents - Discretion conferred by Article 76(2) of Regulation (EC) No 207/2009 - Rule 19 and Rule 20(1) of Regulation (EC) No 2868/95))

(2016/C 410/20)

Language of the case: English

Parties

Applicant: Ana Isabel Pinto Eliseu Baptista Lopes Canhoto (Algés, Portugal) (represented by: A. Pita Negrão, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O’Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: University College London (London, United Kingdom)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 29 April 2015 (Case R 2109/2014-2), relating to opposition proceedings between Ms Pinto Eliseu Baptista Lopes Canhoto and University College London.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ana Isabel Pinto Eliseu Baptista Lopes Canhoto to pay the costs.

(1) OJ C 320, 28.9.2015.
EN Official Journal of the European Union C 402/42

Judgment of the General Court of 20 September 2016 — Alsharghawi v Council

(Case T-485/15) (1)

((Common foreign and security policy - Restrictive measures taken in view of the situation in Libya - Freezing of funds - List of persons subject to restrictions on entry into and transit through EU territory - Functions of the former head of cabinet of Muammar Qadhafi - Choice of legal basis - Obligation to state reasons - Rights of the defence - Presumption of innocence - Proportionality - Freedom of movement - Right to property - Obligation to justify the merits of the measure))

(2016/C 402/48)

Language of the case: French

Parties

Applicant: Bashir Saleh Bashir Alsharghawi (Johannesburg, South Africa) (represented by: É. Moutet, lawyer)

Defendant: Council of the European Union (represented by: A. Vitro and V. Piessevaux, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part, firstly, of Council Decision 2015/1333/CFSP of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ 2015 L 206, p. 34) and, secondly, Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 implementing Article 16(2) of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya (OJ 2015 L 206, p. 4).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Bashir Saleh Bashir Alsharghawi to bear his own costs and to pay the costs incurred by the Council of the European Union.

(1) OJ C 337, 12.10.2015.
Official Journal of the European Union

Judgment of the General Court of 20 October 2016 — Lufthansa AirPlus Servicekarten v EUIPO — Mareea Comtur (airpass.ro)

(Case T-14/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark airpass.ro - Earlier EU word mark AirPlus International - Opposition dismissed - Rule 21 of Regulation (EC) No 2865/95 - No need to adjudicate - Article 81(4) of Regulation (EC) No 207/2009))

(2016/C 454/41)

Language of the case: English

Parties

Applicant: Lufthansa AirPlus Servicekarten GmbH (Neu Isenburg, Germany) (represented by: R. Kunze and G. Würtenberger, lawyers)

Defendant: European Union Intellectual Property Office (represented by: V. Melgar and H. Kunz, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: SC Mareea Comtur SRL (Deva, Romania)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 17 October 2014 (Case R 1918/2013-5), relating to opposition proceedings between Lufthansa AirPlus Servicekarten and SC Mareea Comtur.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 October 2014 (Case R 1918/2013-5) in so far as it concerns ‘advertising; business management; business administration; office functions’ in Class 35 of the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, of 15 June 1957, as revised and amended;

2. Orders EUIPO to bear its own costs and those incurred by Lufthansa AirPlus Servicekarten GmbH.

(1) OJ C 81, 9.3.2015.
EN Official Journal of the European Union C 419/42

Judgment of the General Court of 5 October 2016 — Foodcare v EUIPO — Michalczewski (T.G.R. ENERGY DRINK)

(Case T-456/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark T.G.R. ENERGY DRINK - Bad faith - Article 52(1)(b) of Regulation (EC) No 207/2009))

(2016/C 419/55)

Language of the case: English

Parties

Applicant: Foodcare sp. z o.o. (Zabierzów, Poland) (represented by: A. Matusik, lawyer)

Defendant: European Union Intellectual Property Office (represented by: S. Palmero Cabezas, Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dariusz Michalczewski (Gdańsk, Poland) (represented by: B. Matusiewicz-Kulig, M. Czerwińska and M. Marek, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 12 May 2015 (Case R 265/2014-2), relating to invalidity proceedings between Mr Michalczewski and Foodcare.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Foodcare sp. z o.o. to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Mr Dariusz Michalczewski.

(1) OJ C 328, 5.10.2015.
EN Official Journal of the European Union C 14/32

Judgment of the General Court of 24 November 2016 — SeNaPro v EUIPO — Paltentaler Splitt & Marmorwerke (Dolokorn)

(Case T-769/15) (1)

((EU trade mark - Opposition proceedings - Application for EU word mark Dolokorn - Earlier EU word mark DOLOPUR - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 014/38)

Language of the case: German

Parties

Applicant: SeNaPro GmbH (Pommelsbrunn, Germany) (represented by: A. Schröder, lawyer)

Defendant: European Union Intellectual Property Office (represented by: E. Strittmatter and A. Folliard–Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Paltentaler Splitt & Marmorwerke GmbH (Rottenmann, Austria) (represented by: C. Ofner, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 23 October 2015 (Case R 2643/2014-1), relating to opposition proceedings between Paltentaler Splitt & Marmorwerke and SeNaPro.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders SeNaPro GmbH to pay the costs.

(1) OJ C 78, 29.2.2016.
EN Official Journal of the European Union C 462/19

Judgment of the General Court of 28 October 2016 — Unicorn v EUIPO — Mercilink Equipment Leasing (UNICORN)

(Case T-201/15) (1)

((EU trade mark - Invalidity proceedings - EU word mark UNICORN - Earlier national word and figurative marks UNICORN - Article 53(1)(a) and Article 8(5) of Regulation (EC) No 207/2009 - Reputation))

(2016/C 462/23)

Language of the case: English

Parties

Applicant: Unicorn a.s. (Prague, Czech Republic) (represented by: L. Lorenc, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Mercilink Equipment Leasing Ltd (Limassol, Cyprus)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 February 2015 (Case R 1699/2014-5), concerning invalidity proceedings between Unicorn and Mercilink Equipment Leasing.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Unicorn a.s. to pay the costs.

(1) OJ C 198, 15.6.2015.
EN Official Journal of the European Union C 38/30

Judgment of the General Court of 14 December 2016 — Todorova Androva v Council and Others

(Case T-366/15 P) (1)

((Appeal - Civil Service - Officials - Promotion - 2011 promotion procedure - Non-inclusion on the list of officials eligible for promotion - Action at first instance dismissed - Article 45 of the Staff Regulations - Clause 4 of the Framework Agreement on fixed- term work concluded by ETUC, UNICE and CEEP - Equal treatment - Obligation to state reasons - Burden of proof - Obligation on the court hearing the substantive application to investigate - Plea of illegality - Rule of correspondence between the complaint and the action before the EU Courts))

(2017/C 038/41)

Language of the case: French

Parties

Appellant: Viara Todorova Androva (Rhode-Saint-Genèse, Belgium) (represented by: M. Velardo, lawyer)

Other parties to the proceedings: Council of the European Union (represented by: M. Bauer and M. Veiga, acting as Agents); European Commission (represented by: initially, J. Currall, G. Gattinara and A.-C. Simon, and subsequently G. Gattinara and A.-C. Simon, acting as Agents) and Court of Auditors (represented by: N. Scarfato, acting as Agent)

Intervener in support of the Council of the European Union: European Parliament (represented by: D. Nessaf and M. Dean, acting as Agents)

Re:

Appeal brought against the judgment of the Civil Service Tribunal of the European Union (Second Chamber) of 29 April 2015, Todorova Androva v Council (F-78/12, EU:F:2015:37), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Viara Todorova Androva to bear her own costs and to pay those incurred by the Council of the European Union and the European Commission;

3. Orders the European Parliament to bear its own costs.

(1) OJ C 337, 12.10.2015.
EN Official Journal of the European Union C 22/29

Judgment of the General Court of 29 November 2016 — Chic Investments v EUIPO (eSMOKING WORLD)

(Case T-617/15) (1)

((EU trade mark - Application for EU figurative mark eSMOKING WORLD - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 - Obligation to state reasons))

(2017/C 022/38)

Language of the case: Polish

Parties

Applicant: Chic Investments sp. z o.o. (Poznań, Poland) (represented by: K. Jarosiński, lawyer)

Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 25 June 2015 (R 3227/2014-5) concerning an application for registration of the figurative sign eSMOKING WORLD as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Chic Investments sp. z o.o. to pay the costs.

(1) OJ C 16, 18.1.2016.
EN Official Journal of the European Union C 78/29

Judgment of the General Court of 2 February 2017 — Marcas Costa Brava v EUIPO — Excellent Brands JMI (Cremcaffé by Julius Meinl)

(Case T-691/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Cremcaffé by Julius Meinl - Earlier EU figurative mark café crem - Relative ground for refusal - Lack of genuine use of the earlier mark - Article 42(2) of Regulation (EC) No 207/2009))

(2017/C 078/39)

Language of the case: English

Parties

Applicant: Marcas Costa Brava, SL (Sils, Spain) (represented by: E. Manresa Medina and J. Manresa Medina, lawyers)

Defendant: European Union Intellectual Property Office (represented by: M. Fischer, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Excellent Brands JMI Ltd (Baar, Switzerland) (represented by: D. Majer, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 29 September 2015 (Case R 2756/2014-5), relating to opposition proceedings between Marcas Costa Brava and Excellent Brands JMI.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Marcas Costa Brava, SL, to pay the costs.

(1) OJ C 48, 8.2.2016.
EN Official Journal of the European Union C 63/25

Judgment of the General Court of 19 January 2017 — Morgan & Morgan v EUIPO — Grupo Morgan & Morgan (Morgan & Morgan)

(Case T-399/15) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark Morgan & Morgan - Earlier EU figurative mark MMG TRUST MIEMBRO DEL GRUPO MORGAN & MORGAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2017/C 063/34)

Language of the case: English

Parties

Applicant: Morgan & Morgan Srl International Insurance Brokers (Conegliano, Italy) (represented by: F. Caricato and F. Gatti, lawyers)

Defendant: European Union Intellectual Property Office (represented by: J. Crespo Carrillo and C. Martini, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: Grupo Morgan & Morgan (Panama, Panama)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 7 May 2015 (Case R 1657/2014 1) relating to opposition proceedings between Grupo Morgan & Morgan and Morgan & Morgan International Insurance Brokers.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Morgan & Morgan Srl International Insurance Brokers to pay the costs.

(1) OJ C 311, 21.9.2015.