ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 152/32

Judgment of the General Court of 15 March 2018 — Marriott Worldwide v EUIPO — Graf (Representation of a winged bull)

(Case T-151/17) (1)

((EU trade mark - Invalidity proceedings - EU figurative mark representing a winged bull - Earlier EU and national figurative marks representing a griffin - Relative ground for refusal - Similarity of the signs - Article 53(1)(a) and Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) of Regulation (EU) 2017/1001) - Earlier copyright protected by national law - Article 53(2)(c) of Regulation No 207/2009 (now Article 60(2)(c) of Regulation 2017/1001) - Examination of the facts of the Office’s own motion - Article 76(1) of Regulation No 207/2009 (now Article 95(1) of Regulation 2017/1001)))

(2018/C 152/39)

Language of the case: English

Parties

Applicant: Marriott Worldwide Corp. (Bethesda, Maryland, United States) (represented by: A. Reid, Solicitor)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Johann Graf (Gumpoldskirchen, Austria) (represented by: S. Salomonowitz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 17 January 2017 (Case R 165/2016-4), relating to invalidity proceedings between Marriott Worldwide and Mr Graf.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 17 January 2017 (Case R 165/2016-4);

2. Orders EUIPO to bear its own costs and to pay those incurred by Marriott Worldwide Corp.;

3. Orders Mr Johann Graf to bear his own costs.

(1) OJ C 129, 24.4.2017.
EN Official Journal of the European Union C 94/24

Judgment of the General Court of 31 January 2018 — Weber-Stephen Products v EUIPO (iGrill)

(Case T-35/17) (1)

((EU trade mark - International registration designating the European Union - Word mark iGrill - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)))

(2018/C 094/31)

Language of the case: English

Parties

Applicant: Weber-Stephen Products LLC (Palatine, Illinois, United States) (represented by: R. Niebel and A. Jauch, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 4 November 2016 (Case R 538/2016–2), relating to the international registration designating the European Union of the word mark iGrill.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Weber-Stephen Products LLC to pay the costs.

(1) OJ C 70, 6.3.2017.
Case T-428/17: Judgment of the General Court of 2 May 2018 — Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer) (EU trade mark — Application for EU figurative mark ALPINEWELTEN Die Bergführer — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))

Judgment of the General Court of 2 May 2018 — Alpine Welten Die Bergführer v EUIPO (ALPINEWELTEN Die Bergführer)

(Case T-428/17) ( 1 )

‛(EU trade mark — Application for EU figurative mark ALPINEWELTEN Die Bergführer — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001))’

Parties

Applicant: Alpine Welten Die Bergführer GmbH & Co. KG (Berghülen, Germany) (represented by: T.-C. Leisenberg, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: W. Schramek and A. Söder, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 25 April 2017 (Case R 1339/2016-1), concerning an application for registration of the figurative sign ALPINEWELTEN Die Bergführer as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alpine Welten Die Bergführer GmbH & Co.KG to pay the costs.

( 1 ) OJ C 277, 21.8.2017.
EN Official Journal of the European Union C 190/27

Judgment of the General Court of 13 April 2018 –Alba Aguilera and Others v EEAS

(Case T-119/17) (1)

((Civil service - Officials - Members of the temporary staff - Members of the contract staff - Remuneration - EEAS staff posted to a third country - Article 10 of Annex X to the Staff Regulations - Annual assessment of the allowance for living conditions - Decision reducing the allowance for living conditions in Ethiopia from 30 % to 25 % - Failure to adopt general implementing provisions giving effect to Article 10 of Annex X to the Staff Regulations - Liability - Non-material damage))

(2018/C 190/47)

Language of the case: French

Parties

Applicants: Ruben Alba Aguilera (Addis Ababa, Ethiopia) and the other EEAS officials and agents whose names are listed in the annex (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents, and by M. Troncoso Ferrer, F.-M. Hislaire and S. Moya Izquierdo, lawyers)

Re:

Application pursuant to Article 270 TFEU seeking (i) the annulment of the EEAS decision of 19 April 2016 reducing, as of 1 January 2016, the allowance for living conditions paid to European Union staff posted to Ethiopia; and (ii), compensation in respect of the non-material damage allegedly suffered by the applicants.

Operative part of the judgment

The Court:

1. Annuls the decision of the European External Action Service (EEAS) of 19 April 2016 reducing, as of 1 January 2016, the allowance for living conditions paid to European Union staff posted to Ethiopia from 30 % to 25 % of the reference amount;

2. Dismisses the action as to the remainder;

3. Orders the EEAS to pay the costs.

(1) OJ C 129, 24.4.2017.
Case T-352/17: Judgment of the General Court of 31 May 2018 — Korwin-Mikke v Parliament (Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Statement adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law)

Judgment of the General Court of 31 May 2018 — Korwin-Mikke v Parliament

(Case T-352/17) ( 1 )

‛(Law governing the institutions — European Parliament — Rules of Procedure of the Parliament — Statement adversely affecting the dignity of the Parliament and the smooth conduct of parliamentary business — Disciplinary sanctions of forfeiture of entitlement to the subsistence allowance and temporary suspension from participation in all activities of the Parliament — Freedom of expression — Obligation to state reasons — Error of law)’

Parties

Applicant: Janusz Korwin-Mikke (Józefów, Poland) (represented by: M. Cherchi, A. Daoût and M. Dekleermaker, lawyers)

Defendant: European Parliament (represented by: N. Görlitz, S. Seyr and S. Alonso de León, acting as Agents)

Re:

First, action brought under Article 263 TFEU and seeking annulment of the decision of the President of the Parliament of 14 March 2017 and of the decision of the Bureau of the Parliament of 3 April 2017 imposing on the applicant the penalty of forfeiture of entitlement to the subsistence allowance for a period of 30 days, temporary suspension from participation in all activities of the Parliament for a period of 10 consecutive days and prohibition of representing the Parliament for a period of one year and, second, action brought under Article 268 TEU and seeking compensation for the harm allegedly suffered by the applicant as a result of those decisions.

Operative part of the judgment

The Court:

1. Annuls the Decision of the Bureau of the European Parliament of 3 April 2017;

2. Dismisses the claim for damages;

3. Orders Mr Janusz Korwin-Mikke and the Parliament each to bear their own respective costs.

( 1 ) OJ C 239, 24.7.2017.
Case T-23/17: Judgment of the General Court of 16 May 2018 — Barnett v EESC (Civil service — Officials — Retirement pension — Early retirement without reduction of pension rights — Facility formerly provided for in Article 9(2) of Annex VIII to the Staff Regulations — Interests of the service — Compliance with an annulling judgment delivered by the Civil Service Tribunal — Liability)

Judgment of the General Court of 16 May 2018 — Barnett v EESC

(Case T-23/17) ( 1 )

‛(Civil service — Officials — Retirement pension — Early retirement without reduction of pension rights — Facility formerly provided for in Article 9(2) of Annex VIII to the Staff Regulations — Interests of the service — Compliance with an annulling judgment delivered by the Civil Service Tribunal — Liability)’

Parties

Applicant: Inge Barnett (Roskilde, Denmark) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Economic and Social Committee (represented by: M. Pascua Mateo, K. Gambino, X. Chamodraka, A. Carvajal and L. Camarena Januzec, acting as Agents, and by M. Troncoso Ferrer and F.-M. Hislaire, lawyers)

Re:

Application under Article 270 TFEU seeking, primarily, the annulment of the decision of the EESC of 21 March 2016, taken with a view to complying with the judgment of 22 September 2015, Barnett v EESC (F-20/14, EU:F:2015:107), refusing to grant the applicant early retirement without reduction of pension rights and, secondarily, compensation for the damage which she claims to have suffered.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ms Inge Barnett to pay the costs.

( 1 ) OJ C 104, 3.4.2017.
Case T-78/17: Judgment of the General Court of 26 June 2018 — Jumbo Africa v EUIPO — ProSiebenSat.1 Licensing (JUMBO) (EU trade mark — Invalidity proceedings — EU word mark JUMBO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001))

Judgment of the General Court of 26 June 2018 — Jumbo Africa v EUIPO — ProSiebenSat.1 Licensing (JUMBO)

(Case T-78/17) ( 1 )

‛(EU trade mark — Invalidity proceedings — EU word mark JUMBO — Absolute ground for refusal — Descriptiveness — Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001) — Distinctive character acquired through use — Article 7(3) of Regulation No 207/2009 (now Article 7(3) of Regulation 2017/1001) — Article 52(1)(a) and (2) of Regulation No 207/2009 (now Article 59(1)(a) and (2) of Regulation 2017/1001))’

Parties

Applicant: Jumbo Africa, SL (L’Hospitalet de Llobregat, Spain) (represented by: M.C. Buganza González and E. Torner Lasalle, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: J. García Murillo and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO: ProSiebenSat.1 Licensing GmbH (Unterföhring, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 26 October 2016 (Case R 227/2016-1), relating to invalidity proceedings between ProSiebenSat.1 Licensing and Jumbo Africa.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Jumbo Africa, SL to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO).

( 1 ) OJ C 104, 3.4.2017.
Case T-294/17: Judgment of the General Court of 14 June 2018 — Lion’s Head Global Partners v EUIPO — Lion Capital (Lion’s Head) (EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Lion’s Head — Earlier EU word mark LION CAPITAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))

Judgment of the General Court of 14 June 2018 — Lion’s Head Global Partners v EUIPO — Lion Capital (Lion’s Head)

(Case T-294/17) ( 1 )

‛(EU trade mark — Opposition proceedings — International registration designating the European Union — Word mark Lion’s Head — Earlier EU word mark LION CAPITAL — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))’

Parties

Applicant: Lion’s Head Global Partners LLP (London, United Kingdom) (represented by: R. Nöske, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Lion Capital LLP (London) (represented by: D. Rose and J. Warner, Solicitors)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 28 February 2017 (Case R 1478/2016-4), relating to opposition proceedings between Lion Capital and Lion’s Head Global Partners.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Lion’s Head Global Partners LLP to pay the costs.

( 1 ) OJ C 231, 17.7.2017.
Official Journal of the European Union

Judgment of the General Court of 12 September 2018 — Pelikan v EUIPO — NBA Properties (NEW ORLEANS PELICANS)

(Case T-112/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark NEW ORLEANS PELICANS - Earlier EU word marks and earlier national figurative mark Pelikan - Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001))

(2018/C 381/26)

Language of the case: English

Parties

Applicant: Pelikan Vertriebsgesellschaft mbH & Co. KG (Hanover, Germany) (represented by: U. Hildebrandt, lawyer)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: NBA Properties, Inc. (New York, New York, United States) (represented initially by: M. Chapple, and subsequently by T. Elias, Barristers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 December 2016 (Case R 408/2016-4), concerning opposition proceedings between Pelikan Vertriebsgesellschaft and NBA Properties.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pelikan Vertriebsgesellschaft mbH & Co. KG to pay the costs.

(1) OJ C 129, 24.4.2017.
Judgment of the General Court of 11 July 2018 — Pegasus v Parliament

(Case T-57/17) (1)

((Institutional law - European Parliament - Decision awarding a grant to a political foundation - Pre-financing set at 33 % of the maximum amount of the grant awarded - Obligation to provide a bank pre-financing guarantee - Financial Regulation - Rules of Application of the Financial Regulation - Regulation (EC) No 2004/2003 on the regulations governing political parties at European level and the rules regarding their funding - Proportionality - Equal treatment))

(2018/C 301/39)

Language of the case: German

Parties

Applicant: Pegasus (Brussels, Belgium) (represented by: P. Richter, lawyer)

Defendant: European Parliament (represented by: N. Görlitz, C. Burgos and S. Alves, acting as Agents)

Re:

Application on the basis of Article 263 TFEU seeking the annulment in part of Decision FINS-2017-31 of the European Parliament of 12 December 2016 concerning the award of a grant to the applicant, in so far as that decision restricts the pre-financing to 33 % of the maximum amount of the grant and makes its payment subject to the provision of a bank guarantee.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Pegasus to pay the costs.

(1) OJ C 78, 13.3.2017.
Official Journal of the European Union

Judgment of the General Court of 25 September 2018 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — M. J. Dairies (BBQLOUMI)

(Case T-328/17) (1)

((EU trade mark - Opposition proceedings - Application for EU figurative mark BBQLOUMI - Prior EU collective word mark HALLOUMI - Relative ground for refusal - No likelihood of confusion - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 408/67)

Language of the case: English

Parties

Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz QC, V. Marsland, Solicitor, and S. Baran, Barrister)

Defendant: European Union Intellectual Property Office (represented by: M. Rajh, D. Walicka and D. Gája, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: M. J. Dairies EOOD (Sofia, Bulgaria) (represented by: D. Dimitrova, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 March 2017 (Case R 497/2016-4), concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and M. J. Dairies.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi to pay the costs.

(1) OJ C 239, 24.7.2017.
Official Journal of the European Union

Judgment of the General Court of 13 September 2018 — Eduard Meier v EUIPO — Calzaturificio Elisabet (Safari Club)

(Case T-418/17) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark Safari Club - Earlier national figurative mark WS Walk Safari - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))

(2018/C 392/34)

Language of the case: English

Parties

Applicant: Eduard Meier GmbH (Munich, Germany) (represented by S. Schicker and M. Knitter, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Calzaturificio Elisabet Srl (Monte Urano, Italy)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 2 May 2017 (Case R 1158/2016-4) relating to opposition proceedings between Calzaturificio Elisabet and Eduard Meier.

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 2 May 2017 (Case R 1158/2016-4), in so far as it upheld the opposition to registration of the EU word mark Safari Club for the goods ‘game bags’ and ‘clothing for hunting, clothing and hunting boots’;

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

(1) OJ C 277, 21.8.2017.
Official Journal of the European Union

Judgment of the General Court of 27 September 2018 — Carbon System Verwaltungs v EUIPO (LIGHTBOUNCE)

(Case T-825/17) (1)

(EU trade mark - Application for the EU word mark LIGHTBOUNCE - Absolute ground for refusal - Descriptive character - No distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 (now Article 7(1)(b) and (c) of Regulation (EU) 2017/1001))

(2018/C 427/85)

Language of the case: German

Parties

Applicant: Carbon System Verwaltungs GmbH (Marktheidenfeld, Germany) (represented by: M. Gilch and L. Petri, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO) (represented by: S. Hanne and D. Walicka, acting as Agents)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 11 October 2017 (Case R 2301/2016-1) concerning an application for registration of the word sign LIGHTBOUNCE as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Carbon System Verwaltungs GmbH to pay the costs.

(1) OJ C 52, 12.2.2018.
Judgment of the General Court of 27 September 2018 — Demp v EUIPO (Combination of the colours yellow and grey)

(Case T-595/17) (1)

(EU trade mark - Application for an EU trade mark consisting of a combination of the colours yellow and grey - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009 (now Article 7(1)(b) of Regulation (EU) 2017/1001))

(2018/C 427/77)

Language of the case: German

Parties

Applicant: Demp BV (Vianen, Netherlands) (represented by: C. Gehweiler, lawyer)

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

Re:

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 10 July 2017 (Case R 1624/2016-5), concerning an application for registration, as an EU trade mark, of a colour sign consisting of a combination of the colours yellow and grey.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Demp BV to pay the costs.

(1) OJ C 357, 23.10.2017.
Judgment of the General Court of 16 October 2018 — Asics v EUIPO — Van Lieshout Textielagenturen (Representation of four crossing lines)

(Case T-581/17) (1)

((EU trade mark - Opposition proceedings - Application for registration of the EU figurative mark representing four crossed lines - Obligation to state reasons - Article 75 and Article 76(1) of Regulation No 207/2009 (now Article 94 and Article 95(1) of Regulation 2017/1001) - No similarity between the signs - Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)))

(2018/C 436/66)

Language of the case: English

Parties

Applicant: Asics Corporation (Kobe, Japan) (represented by: M. Polo Carreño and H. Granado Carpenter, lawyers)

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, intervener before the General Court: Van Lieshout Textielagenturen BV (Haaren, Netherlands) (represented by: P. Claassen and B. Woltering, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 June 2017 (Case R 2129/2016-4), relating to opposition proceedings between Asics Corporation and Van Lieshout Textielagenturen.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Asics Corporation to pay the costs.

(1) OJ C 374, 6.11.2017.
Official Journal of the European Union

Judgment of the General Court of 17 October 2018 — Weber-Stephen Products v EUIPO (iGrill)

(Case T-822/17) (1)

((EU trade mark - Application for the EU word mark iGrill - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 (now Article 7(1)(c) of Regulation (EU) 2017/1001)))

(2018/C 436/70)

Language of the case: English

Parties

Applicant: Weber-Stephen Products LLC (Palatine, Illinois, United States) (represented by: R. Niebel and A. Jauch, lawyers)

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

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 27 September 2017 (Case R 579/2017-2), relating to an application for registration of the word sign iGrill as an EU trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Weber-Stephen Products LLC to pay the costs.

(1) OJ C 63, 19.2.2018.