ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 389/44

Judgment of the General Court of 23 September 2015 — Cristiano di Thiene v OHIM — Nautica Apparel (AERONAUTICA)

(Case T-193/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark AERONAUTICA - Earlier Community word marks NAUTICA and NAUTICA BLUE - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 389/47)

Language of the case: English

Parties

Applicant: Cristiano di Thiene SpA (Thiene, Italy) (represented by: F. Fischetti and F. Celluprica, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Nautica Apparel, Inc. (New York, New York, United States) (represented by: C. Hawkes, Solicitor, and B. Brandreth, Barrister)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 10 January 2014 (Case R 96/2013-4) concerning opposition proceedings between Nautica Apparel, Inc. and Cristiano di Thiene SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Cristiano di Thiene SpA to pay the costs.

(1) OJ C 151, 19.5.2014.
EN Official Journal of the European Union C 363/38

Judgment of the General Court of 17 September 2015 — Volkswagen v OHIM (COMPETITION)

(Case T-550/14) (1)

((Community trade mark - Application for the Community word mark COMPETITION - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 363/47)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: U. Sander, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Fischer, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 15 May 2014 (Case R 2082/2013-1) concerning an application for registration of the word sign COMPETITION as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to pay the costs.

(1) OJ C 329, 22.9.2014.
EN Official Journal of the European Union C 398/46

Judgment of the General Court of 7 October 2015 — Sonova Holding v OHIM (Flex)

(Case T-187/14) (1)

((Community trade mark - Community word mark FLEX - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) and Article 7(2) of Regulation (EC) No 207/2009))

(2015/C 398/58)

Language of the case: English

Parties

Applicant: Sonova Holding AG (Stäfa, Switzerland) (represented by: C. Hawkes, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 12 December 2013 (Case R 357/2013-2), relating to an application for registration of the word sign FLEX as a community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sonova Holding AG to pay the costs.

(1) OJ C 151, 19.5.2014.
EN Official Journal of the European Union C 398/47

Judgment of the General Court of 7 October 2015 — CBM v OHIM — Aeronautica Militare (Trecolore)

(Case T-227/14) (1)

((Community trade mark - Opposition proceedings - Application for Community word mark Trecolore - Earlier Community and national word and figurative marks FRECCE TRICOLORI - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 398/59)

Language of the case: English

Parties

Applicant: CBM Creative Brands Marken GmbH (Zurich, Switzerland) (represented by: U. Lüken, M. Grundmann and N. Kerger, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Aeronautica Militare — Stato Maggiore (Rome, Italy)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 29 January 2014 (Case R 253/2013-1), relating to opposition proceedings between Aeronautica Militare — Stato Maggiore and CBM Creative Brands Marken GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders CBM Creative Brands Marken GmbH to pay the costs.

(1) OJ C 245, 28.7.2014.
EN Official Journal of the European Union C 429/23

Judgment of the General Court of 28 October 2015 — Monster Energy v OHIM — Home Focus (MoMo Monsters)

(Case T-736/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark MoMo Monsters - Earlier Community word marks MONSTER and MONSTER ENERGY and earlier international figurative mark MONSTER ENERGY - Relative ground for refusal - No similarity between the goods - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 429/29)

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: E. Zaera Cuadrado, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Home Focus Development Ltd (Tortola, British Virgin Islands)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 7 August 2014 (Case R 1167/2013-2), concerning opposition proceedings between Monster Energy Company and Home Focus Development Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Monster Energy Company to pay the costs.

(1) OJ C 448, 15.12.2014.
EN Official Journal of the European Union C 414/29

Judgment of the General Court of 23 October 2015 — Hansen v OHIM (WIN365)

(Case T-264/14) (1)

((Community trade mark - Application for Community word mark WIN365 - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 414/38)

Language of the case: German

Parties

Applicant: Robert Hansen (Munich, Germany) (represented by: M. Pütz-Poulalion, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 February 2014 (Case R 908/2013-4), concerning an application for registration of the word sign WIN365 as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mr Robert Hansen to pay the costs.

(1) OJ C 194, 24.6.2014.
EN Official Journal of the European Union C 27/52

Judgment of the General Court of 26 November 2015 — Morgan v OHIM

(Case T-683/14 P) (1)

((Appeal - Civil service - Officials - Appraisal report - 2010-2011 Appraisal period - Distortion - Obligation to state reasons - Manifest error of assessment))

(2016/C 027/66)

Language of the case: English

Parties

Appellant: Rhys Morgan (Alicante, Spain) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by M. Paolacci and A. Lukošiūtė, and subsequently by A. Lukošiūtė, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 8 July 2014 in Morgan v OHIM (F-26/13, ECR-SC, EU:F:2014:180), and seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Declares that Rhys Morgan is to bear his own costs and orders him to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in the present appeal proceedings.

(1) OJ C 431, 1.12.2014.
EN Official Journal of the European Union C 16/36

Judgment of the General Court of 25 November 2015 — Jaguar Land Rover v OHIM (Shape of a car)

(Case T-629/14) (1)

((Community trade mark - Application for a three-dimensional Community trade mark - Shape of a car - Absolute ground for refusal - No distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 016/44)

Language of the case: English

Parties

Applicant: Jaguar Land Rover Ltd (Coventry, United Kingdom) (represented by: F. Delord and R. Grewal, Solicitors)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 24 April 2014 (Case R 1622/2013-2) concerning an application for registration of a three-dimensional sign consisting of the shape of a car as a Community trade mark.

Operative part of the judgment

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 April 2014 (Case R 1622/2013-2) in so far as it refused registration of the mark applied for as regards ‘vehicles for locomotion by air and water’ in Class 12;

2. Dismisses the action as to the remainder;

3. Orders Jaguar Land Rover Ltd to bear its own costs and to pay nine-tenths of those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

4. Orders OHIM to bear one-tenth of its own costs.

(1) OJ C 361, 13.10.2014.
EN Official Journal of the European Union C 38/49

Judgment of the General Court of 11 December 2015 — Finland v Commission

(Case T-124/14) (1)

((EAFRD - Expenditure excluded from financing - Rural development - One-off financial correction - Eligibility of expenditure incurred for the purchase of second hand machinery and equipment - Exemption for micro-, small and medium-sized undertakings - Article 55(1) of Regulation (EC) No 1974/2006))

(2016/C 038/63)

Language of the case: Finnish

Parties

Applicant: Republic of Finland (represented by: J. Heliskoski and S. Hartikainen, acting as Agents)

Defendant: European Commission (represented by: P. Aalto, J. Aquilina, P. Rossi and T. Sevón, acting as Agents)

Re:

Application for annulment of Commission Implementing Decision 2013/763/EU on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2013 L 338, p. 81), in so far as that decision excludes from European Union financing under the EAFRD certain expenditure of the Republic of Finland, amounting to EUR 92 782,58, as a result of their incompatibility with EU rules.

Operative part of the judgment

The Court:

1. Annuls Commission Implementing Decision 2013/763/EU on excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) in so far as that decision excludes from European Union financing under the EAFRD certain expenditure of the Republic of Finland, amounting to EUR 92 782,58, as a result of their incompatibility with EU rules;

2. Orders the European Commission to pay the costs.

(1) OJ C 142, 12.5.2014.
EN Official Journal of the European Union C 27/43

Judgment of the General Court of 3 December 2015 — Sesma Merino v OHIM

(Case T-127/14 P) (1)

((Appeal - Civil Service - Officials - Appraisal - Staff report - Objectives 2011-2012 - Measure adversely affecting a person - Admissibility))

(2016/C 027/52)

Language of the case: German

Parties

Appellant: Alvaro Sesma Merino (El Campello, Spain) (represented by: H. Tettenborn, lawyer)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Saba and D. Botis, acting as Agents)

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 11 December 2013 in Sesma Merino v OHIM (F-125/12, ECR-SC, EU:F:2013:192) seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Alvaro Sesma Merino to pay the costs.

(1) OJ C 184, 16.6.2014.
EN Official Journal of the European Union C 98/40

Judgment of the General Court of 2 February 2016 — Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris v OHIM — Vicente Gandía Pla (ILLIRIA)

(Case T-541/14) (1)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark ILLIRIA - Earlier Community word mark CASTILLO DE LIRIA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 098/52)

Language of the case: English

Parties

Applicant: Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl (Salice Salentino, Italy) (represented by: D. Russo and V. Wellens, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and H. Kunz, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Vicente Gandía Pla, SA (Chiva, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 May 2014 (Case R 917/2013-4) concerning opposition proceedings between Vicente Gandía Pla, SA and Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Antica Azienda Agricola Vitivinicola Dei Conti Leone De Castris Srl to pay the costs.

(1) OJ C 303, 8.9.2014.
EN Official Journal of the European Union C 78/18

Judgment of the General Court of 14 January 2016 — International Gaming Projects v OHIM (BIG BINGO)

(Case T-663/14) (1)

((Community trade mark - Application for Community figurative mark BIG BINGO - Absolute ground for refusal - Distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2016/C 078/27)

Language of the case: Spanish

Parties

Applicant: International Gaming Projects Ltd (Valetta, Malta) (represented by: M. D. Garayalde Niño, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, acting as Agent)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2014 (Case R 755/2014-1) concerning an application for registration of the figurative sign BIG BINGO as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders International Gaming Projects Ltd to pay the costs.

(1) OJ C 395, 10.11.2014.
EN Official Journal of the European Union C 118/23

Judgment of the General Court of 26 February 2016 — Mederer GmbH v OHIM — Cadbury Netherlands International Holdings (Gummi Bear-Rings)

(Case T-210/14) (1)

((Community trade mark - Opposition proceedings - International registration designating the European Community - Figurative mark Gummi Bear-Rings - Earlier national figurative mark GUMMY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2016/C 118/24)

Language of the case: English

Parties

Applicant: Mederer GmbH (Fürth, Germany) (represented by: C. Sachs and O. Ruhl, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and H. Kunz, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Cadbury Netherlands International Holdings BV (Breda, Netherlands) (represented by: A. Padial Martinez, lawyer)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 16 December (Case R 225/2013-5), concerning opposition proceedings between Cadbury Netherlands International Holdings B V and Mederer GmbH.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Mederer GmbH to pay the costs.

(1) OJ C 245, 28.7.2014.
EN Official Journal of the European Union C 106/34

Judgment of the General Court of 5 February 2016 — Airpressure Bodyforming v OHIM (Slim legs by airpressure bodyforming)

(Case T-842/14) (1)

((Community trade mark - Application for Community word mark Slim legs by airpressure bodyforming - Refusal of registration by the examiner - Absolute grounds for refusal - Descriptive character - Lack of descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009))

(2016/C 106/38)

Language of the case: German

Parties

Applicant: Airpressure Bodyforming GmbH (Berchtesgaden, Germany) (represented by: S. Merz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: C. Martini and M. Fischer, acting as Agents)

Re:

Action brought against the decision of the Fifth Board of Appeal of OHIM of 29 October 2014 (Case R 1570/2014-5) concerning an application for registration of the word sign Slim legs by airporessure bodyforming as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Airpressure Bodyforming GmbH to pay the costs.

(1) OJ C 65, 23.3.2015.
EN Official Journal of the European Union C 156/37

Judgment of the General Court of 17 March 2016 — Vanhalewyn v EEAS

(Case T-792/14 P) (1)

((Appeal - Civil Service - Officials - Remuneration - EEAS staff posted to a third country - Withdrawal of the allowance for living conditions of staff posted to Mauritius - Failure to adopt the GIP for Article 10 of Annex X to the Staff Regulations))

(2016/C 156/48)

Language of the case: French

Parties

Appellant: Eric Vanhalewyn (Grand-Baie, Mauritius) (represented by: S. Orlandi and T. Martin, lawyers)

Other party to the proceedings: European External Action Service (EEAS) (represented by: S. Marquardt and M. Silva, acting as Agents)

Re:

Appeal against the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 25 September 2014 in Osorio and Others v EEAS (F-101/13, ECR-SC, EU:F:2014:223), seeking to have that judgment set aside.

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Civil Service Tribunal of the European Union (Third Chamber) of 25 September 2014 in Osorio and Others v EEAS (F-101/13) in so far as it dismisses the action brought by Mr Eric Vanhalewyn;

2. Annuls the decision of the Chief Operating Officer of the European External Action Service (EEAS) of 19 December 2012 revising the amount of the allowance for living conditions (ALC) granted to staff posted in a third country in so far as that decision withdraws the ALC laid down in Article 10 of Annex X to the Staff Regulations of Officials of the European Union for officials and other servants posted to Mauritius;

3. Orders the EEAS to pay the costs.

(1) OJ C 46, 9.2.2015.
EN Official Journal of the European Union C 136/29

Judgment of the General Court of 1 March 2016 — Secop v Commission

(Case T-79/14) (1)

((State aid - Rescuing firms in difficulty - Aid in the form of a State guarantee - Decision declaring the aid compatible with the internal market - Failure to initiate the formal investigation procedure - Serious difficulties - Procedural rights of the interested parties))

(2016/C 136/41)

Language of the case: German

Parties

Applicant: Secop GmbH (Flensburg, Germany) (represented by: U. Schnelle and C. Aufdermauer, lawyers)

Defendant: European Commission (represented by: L. Armati, T. Maxian Rusche and R. Sauer, acting as Agents)

Re:

Action for annulment of Commission Decision C(2013) 9119 final of 18 December 2013, concerning State aid SA.37640 — Rescue aid for ACC Compressors SpA — Italy.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Secop GmbH to pay the costs.

(1) OJ C 85, 22.3.2014.
EN Official Journal of the European Union C 232/12

Judgment of the General Court of 12 May 2016 — Red Lemon v EUIPO — Lidl Stiftung (ABTRONIC)

(Case T-643/14) (1)

((EU trade mark - Opposition proceedings - Application for the EU word mark ABTRONIC - Earlier EU word mark TRONIC - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Minimal inherent distinctiveness of the earlier mark - Likelihood of confusion))

(2016/C 232/14)

Language of the case: German

Parties

Applicant: Red Lemon Inc. (Hong Kong, China) (represented by: T. Wieland and S. Müller, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO: Lidl Stiftung & Co. KG (Neckarsulm, Germany)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 15 March 2014 (Case R 1899/2013-1), relating to opposition proceedings between Lidl Stiftung & Co. KG and Red Lemon Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Red Lemon Inc. to pay the costs.

(1) OJ C 380, 27.10.2014.
Official Journal of the European Union

Judgment of the General Court of 28 April 2016 — Fon Wireless v EUIPO — Henniger (Neofon)

(Case T-777/14) (1)

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

(2016/C 211/58)

Language of the case: German

Parties

Applicant: Fon Wireless Ltd (London, United Kingdom) (represented by: J.-B. Devaureix and L. Montoya Terán, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Andreas Henniger (Starnberg, Germany) (represented by: T. von Groll-Schacht, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 September 2014 (Case R 2519/2013-4), relating to opposition proceedings between Fon Wireless Ltd and Andreas Henniger.

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 15 September 2014 (Case R 2519/2013-4);

2. Orders EUIPO to bear its own costs and to pay those incurred by Fon Wireless Ltd;

3. Orders Andreas Henniger to bear his own costs.

(1) OJ C 26, 26.1.2015.
EN Official Journal of the European Union C 287/21

Judgment of the General Court of 29 June 2016 — Universal Protein Supplements Corp. v EUIPO — H Young Holdings (animal)

(Joined Cases T-727/14 and T-728/14) (1)

((EU trade mark - Invalidity proceedings - EU figurative marks animal - Unregistered earlier national word mark ANIMAL - Relative ground for refusal - Application of national law by EUIPO - Article 53(1)(c) and Article 8(4) of Regulation (EC) No 207/2009 - Particulars of the right on which the application for a declaration of invalidity is based - Rule 37(b)(ii) of Regulation (EC) No 2868/95))

(2016/C 287/25)

Language of the case: English

Parties

Applicant: Universal Protein Supplements Corp. (New Brunswick, New Jersey, United States) (represented by: S. Malynicz, Barrister)

Defendant: European Union Intellectual Property Office (represented by: P. Bullock and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before EUIPO, intervener before the General Court: H Young Holdings plc (Newbury, United Kingdom) (represented by: D. Parrish, Solicitor, and A. Roughton, Barrister)

Re:

Action brought against the decisions of the First Board of Appeal of EUIPO of 31 July 2014 (Cases R 2054/2013-1 and R 2058/2013-1), relating to invalidity proceedings between Universal Protein Supplements and H Young Holdings.

Operative part of the judgment

The Court:

1. Dismisses the applications;

2. Orders Universal Protein Supplements Corp. to pay the costs.

(1) OJ C 431, 1.12.2014.