ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 100/39

Judgment of the General Court of 23 February 2010 — Özdemir v OHIM — Aktieselskabet af 21 november 2001 (James Jones)

(Case T-11/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark James Jones - Earlier Community word mark JACK & JONES - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 100/60

Language of the case: English

Parties

Applicant: Rahmi Özdemir (Dreieich, Germany) (represented by: I. Hoes, M. Heinrich, C. Schröder, K. von Werder and J. Wittenberg, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court: Aktieselskabet af 21. november 2001 (Brande, Denmark) (represented by: C. Barrett Christiansen, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 November 2008 (Case R 858/2007-2), concerning opposition proceedings between Aktieselskabet af 21. november 2001 and Rahmi Özdemir.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Rahmi Özdemir to pay the costs.

(1) OJ C 55, 7.3.2009.
EN Official Journal of the European Union C 346/40

Judgment of the General Court of 26 October 2010 — CNOP and CCG v Commission

(Case T-23/09) (1)

(Competition - Administrative procedure - Decision ordering an inspection - Article 20(4) of Regulation (EC) No 1/2003 - Absence of legal personality of an addressee - Obligation to state the reasons on which the decision is based - Concepts of undertaking and association of undertakings)

2010/C 346/78

Language of the case: French

Parties

Applicants: Conseil national de l'Ordre des pharmaciens (CNOP) (Paris, France); and Conseil central de la section G de l'Ordre national des pharmaciens (CCG) (Paris) (represented initially by Y. R. Guillou, H. Speyart van Woerden, T. Verstraeten and C. van Sasse van Ysselt, and subsequently by Y. R.Guillou, L. Defalque and C. Robert, lawyers)

Defendant: European Commission (represented by: A. Bouquet and É. Gippini Fournier, Agents)

Re:

Application for annulment of Commission Decision C(2008) 6494 of 29 October 2008 in Case COMP/39510 ordering the Ordre national des pharmaciens (ONP), the CNOP and the CCG to submit to an inspection pursuant to Article 20(4) of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Conseil national de l’Ordre des pharmaciens (CNOP) and the Conseil central de la section G de l’Ordre national des pharmaciens (CCG) to pay the costs.

(1) OJ C 55, 7.3.2009.
Official Journal of the European Union

Judgment of the General Court of 8 September 2010 — Icebreaker v OHIM — Gilmar (ICEBREAKER)

(Case T-112/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark ICEBREAKER - Earlier national word mark ICEBERG - Relative ground for refusal - Likelihood of confusion - Partial refusal to register - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

(2010/C 288/75)

Language of the case: English

Parties

Applicant: Icebreaker Ltd (Wellington, New Zealand) (represented by: L. Prehn, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gilmar SpA (San Giovanni in Marignano, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 January 2009 (Case R 1536/2007-4) relating to opposition proceedings between Gilmar SpA and Icebreaker Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Icebreaker Ltd to bear the costs.

(1) OJ C 113, 16.5.2009.
EN Official Journal of the European Union C 38/14

Judgment of the General Court of 15 December 2010 — Novartis AG v OHIM — Sanochemia Pharmazeutika (TOLPOSAN)

(Case T-331/09) (1)

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

2011/C 38/24

Language of the case: German

Parties

Applicant: Novartis AG (Basle, Switzerland) (represented by: N. Hebeis, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Sanochemia Pharmazeutika AG (Vienna, Austria)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 18 June 2009 (Case R 1601/2007-1), relating to opposition proceedings between Novartis AG and Sanochemia Pharmazeutika AG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Novartis AG to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 30/38

Judgment of the General Court of 9 December 2010 — Fédération internationale des logis v OHIM (Shade of brown)

(Case T-329/09) (1)

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

2011/C 30/69

Language of the case: French

Parties

Applicant: Fédération internationale des logis (Paris, France) (represented by: initially, C. Champagner Katz, and subsequently B. Brisset, lawyers)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 11 June 2009 (Case R 202/2009-1) concerning an application for registration of a shade of brown as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the Fédération internationale des logis to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 120/11

Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP)

(Case T-190/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark 5 HTP - Absolute ground of refusal - Signs or indications which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009)

2011/C 120/28

Language of the case: German

Parties

Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Performing Science LLC (Las Vegas, Nevada, United States) (represented by: D. Plasser, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.

Operative part of the judgment

The Court:

1. The action is dismissed;

2. Longevity Health Products Inc. is ordered to pay the costs.

(1) OJ C 167, 18.7.2009.
EN Official Journal of the European Union C 80/18

Judgment of the General Court of 2 February 2011 — Oyster Cosmetics v OHIM — Kadabell (Oyster cosmetics)

(Case T-437/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark Oyster cosmetics - Earlier Community figurative mark Kadus oystra AUTO STOP PROTECTION - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 80/34

Language of the case: English

Parties

Applicant: Oyster Cosmetics SpA (Castiglione delle Stiviere, Italy) (represented by: A. Perani and P. Pozzi, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Kadabell GmbH & Co. KG (Darmstadt, Germany) (represented by: K. Sandberg, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 5 August 2009 (Case R 1367/2008-1) concerning opposition proceedings between Kadabell GmbH & Co. KG and Oyster Cosmetics SpA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Oyster Cosmetics SpA to pay the costs.

(1) OJ C 11, 16.1.2010.
EN Official Journal of the European Union C 160/18

Judgment of the General Court of 13 April 2011 — Alder Capital v OHIM — Gimv Nederland (ALDER CAPITAL)

(Case T-209/09) (1)

(Community trade mark - Invalidity proceedings - Community word mark ALDER CAPITAL - Earlier Benelux word marks Halder and Halder Investments - Earlier international word mark Halder - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009) - Genuine use of the trade mark - Article 15 of Regulation No 40/94 (now Article 15 of Regulation No 207/2009))

2011/C 160/25

Language of the case: English

Parties

Applicant: Alder Capital Ltd (Dublin, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider and R. Manea, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Gimv Nederland BV (The Hague, Netherlands) (represented by: M. van de Braak and S. Beelaard, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 20 February 2009 (Case R 486/2008-2) in relation to invalidity proceedings between Halder Holdings BV and Alder Capital Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Alder Capital Ltd to pay the costs, including the costs necessarily incurred by Gimv Nederland BV for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

(1) OJ C 180, 1.8.2009.
EN Official Journal of the European Union C 145/25

Judgment of the General Court of 24 March 2011 — Dover v Parliament

(Case T-149/09) (1)

(Rules governing the payment of expenses and allowances to Members of the European Parliament - Review of the use of allowances - Parliamentary assistance allowance - Justification of expenditure - Recovery of undue payments)

2011/C 145/41

Language of the case: English

Parties

Applicant: Densmore Ronald Dover (Borehamwood, Hertfordshire, United Kindgom) (represented by: D. Vaughan QC, M. Lester, Barrister, and M. French, Solicitor)

Defendant: European Parliament (represented by: H. Krück, D. Moore and M. Windisch, Agents)

Re:

Application for annulment of Decision D(2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009 concerning the recovery of sums paid to the applicant by way of parliamentary allowances.

Operative part of the judgment

The Court:

1. Annuls Decision D(2009) 4639 of the Secretary-General of the European Parliament of 29 January 2009 as regards the recovery of the sum of GBP 193 001;

2. Dismisses the action as to the remainder;

3. Orders the Parliament and Mr Densmore Ronald Dover each to bear their own costs.

(1) OJ C 141, 20.6.2009.
EN Official Journal of the European Union C 232/25

Judgment of the General Court of 28 June 2011 — ATB Norte v OHIM — Bricocenter Italia (BRICO CENTER)

(Case T-476/09) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark BRICO CENTER - Earlier Community figurative marks ATB CENTROS DE BRICOLAGE Brico Centro and CENTROS DE BRICOLAGE BricoCentro - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 232/43

Language of the case: Italian

Parties

Applicant: ATB Norte, SL (Burgos, Spain) (represented initially by P. López Ronda, G. Macias Bonilla, H. Curtis-Oliver and G. Marín Raigal, and subsequently by F. Brandolini Kujman, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and G. Mannucci, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bricocenter Italia Srl (Rozzano, Italy) (represented by: G. Ghidini, M. Mergati and C. Signorini, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 September 2009 (Case R 1006/2008-4) relating to opposition proceedings between ATB Norte, SL and Bricocenter Italia Srl.

Operative part of the order

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 24 September 2009 (Case R 1006/2008-4) inasmuch as it upheld the appeal of Bricocenter Italia Srl before the Board of Appeal regarding the services of ‘advertising’, ‘business management’ and ‘business administration’ covered by the Community trade mark application;

2. Dismisses the remainder of the action;

3. Orders ATB Norte, SL, Bricocenter Italia and OHIM each to bear their own costs incurred during the proceedings before the General Court.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 186/22

Judgment of the General Court of 5 May 2011 — CheapFlights International v OHIM — Cheapflights (Cheapflights)

(Case T-460/09) (1)

(Community trade mark - Opposition proceedings - Application for the Community figurative mark Cheapflights - Earlier national figurative mark CheapFlights - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 186/40

Language of the case: English

Parties

Applicant: CheapFlights International Ltd (Ballybofey, Ireland) (represented by: A. von Mühlendahl and H. Hartwig, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Cheapflights Ltd (London, United Kingdom) (represented by: M. Edenborough, QC)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 31 August 2009 (Case R 1356/2007-4), relating to opposition proceedings between CheapFlights International Ltd and Cheapflights Ltd

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 August 2009 (Case R 1356/2007-4);

2. Dismisses the action as to the remainder;

3. Orders OHIM and Cheapflights Ltd to pay the costs including those incurred by CheapFlights International Ltd in the proceedings before the Board of Appeal.

(1) OJ C 24, 30.1.2010.
EN Official Journal of the European Union C 311/41

Judgment of the General Court of 9 September 2011 — Omnicare v OHIM — Astellas Pharma (OMNICARE CLINICAL RESEARCH)

(Case T-289/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark OMNICARE CLINICAL RESEARCH - Earlier national figurative mark OMNICARE - Likelihood of confusion - Similarity of the signs - Similarity of the services - Genuine use of the earlier mark)

2011/C 311/74

Language of the case: English

Parties

Applicant: Omnicare, Inc. (Covington, Kentucky, United States) (represented by: M. Edenborough QC)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Astellas Pharma GmbH (Munich, Germany) (represented by: C. Gutiérrez Martínez, H. Granado Carpenter and M. Polo Carreño, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 14 May 2009 (Case R 401/2008-4), concerning opposition proceedings between Yamanouchi Pharma GmbH and Omnicare, Inc.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Omnicare, Inc. to pay the costs.

(1) OJ C 244, 10.10.2009.
EN Official Journal of the European Union C 238/15

Judgment of the General Court of 6 July 2011 — Audi and Volkswagen v OHIM (TDI)

(Case T-318/09) (1)

(Community trade mark - Application for the Community word mark TDI - Absolute ground for refusal - Descriptive character - No distinctive character acquired through use - Article 7(1)(c) and 7(3) of Regulation (EC) No 207/2009 - Articles 75 and 76(1) of Regulation No 207/2009)

2011/C 238/23

Language of the case: German

Parties

Applicants: Audi AG (Ingolstadt, Germany) and Volkswagen AG (Wolfsburg, Germany) (represented by: P. Kather, lawyer)

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

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 May 2009 (Case R 226/2007-1), concerning an application for registration of the word sign TDI as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Audi AG and Volkswagen AG to pay the costs.

(1) OJ C 267, 7.11.2009.
EN Official Journal of the European Union C 340/17

Judgment of the General Court of 5 October 2011 — PAKI Logistics v OHIM (PAKI)

(Case T-526/09) (1)

(Community trade mark - Application for the Community word mark PAKI - Absolute ground for refusal - Trade mark contrary to public policy or to accepted principles of morality - Article 7(1)(f) of Regulation (EC) No 207/209)

2011/C 340/34

Language of the case: German

Parties

Applicant: PAKI Logistics (Ennepetal, Germany) (represented by M. Bergermann, P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and J. Vogtmeier, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by G. Schneider, Agent)

Intervener in support of the defendant: United Kingdom of Great Britain and Northern Ireland (represented initially by S. Behzadi-Spencer and subsequently by F. Penlington, Agents, assisted by S. Malynicz, Barrister)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 23 October 2009 (Case R 1805/2007-1), concerning an application for registration of the word sign PAKI as a Community trade mark.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders PAKI Logistics GmbH to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);

3. Orders the United Kingdom of Great Britain and Northern Ireland to bear its own costs.

(1) OJ C 80, 27.3.2010.
EN Official Journal of the European Union C 319/14

Judgment of the General Court of 20 September 2011 — Dornbracht v OHIM — Metaform Lucchese (META)

(Case T-1/09) (1)

(Community trade mark - Opposition procedure - Application for the Community word mark META - Earlier Community figurative mark METAFORM - Relative grounds for refusal - Similarity of the goods and the signs - Refusal of registration - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Likelihood of confusion)

2011/C 319/27

Language of the case: German

Parties

Applicant: Aloys F. Dornbracht GmbH & Co KG (Iserlohn, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, A. Verhauwen, J. Künzel, D. Jestaedt and M. Bergermann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, agent)

Other party to the proceedings before the Board of Appeal of OHIM: Metaform Lucchese SpA (Pescaglia, Italy) (represented by: P. Pozzi and A. Perani, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 November 2008 (Case R 1152/2006-4) concerning opposition proceedings between Metaform Lucchese SpA and Aloys F. Dornbracht GmbH & Co KG.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dornbracht GmbH & Co. KG to pay the costs of the present proceedings.

(1) OJ C 69, 21.3.2009.
EN Official Journal of the European Union C 32/22

Judgment of the General Court of 14 December 2011 — Völkl v OHIM — Marker Völkl (VÖLKL)

(Case T-504/09) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark VÖLKL - Earlier international word mark VÖLKL - Relative ground for refusal - Likelihood of confusion - Refusal in part of registration - Article 8(1)(b) of Regulation (EC) No 207/2009 - Genuine use of the earlier mark - Article 42(2) and (3) of Regulation No 207/2009 and Rule 22(3) of Regulation (EC) No 2868/95 - Competence of the Board of Appeal in the case of an appeal limited to part of the goods or services covered by the application for registration - Article 64(1) of Regulation No 207/2009 - Application for variation of the decision of the Board of Appeal - Article 65(3) of Regulation No 207/2009)

2012/C 32/43

Language of the case: German

Parties

Applicant: Völkl GmbH & Co. KG (Erding, Germany) (represented by: C. Raßmann, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Hanne, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Marker Völkl International GmbH (Baar, Switzerland) (represented by: J. Bauer, lawyer)

Re:

Action against the decision of the First Board of Appeal of OHIM of 30 September 2009 (Case R 1387/2008-1) concerning opposition proceedings between Marker Völkl International GmbH and Völkl GmbH & Co. KG.

Operative part of the judgment

The Court:

1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 September 2009 (Case R 1387/2008-1);

2. Dismisses the action as to the remainder;

3. Orders OHIM to bear its own costs and pay those incurred by Völkl GmbH & Co. KG;

4. Orders Marker Völkl International GmbH to bear its own costs.

(1) OJ C 37, 13.2.2010.