Case T-185/03: Action brought on 27 May 2003 by Vincenzo Fusco against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), artistic creation, trade-mark law

2.8.2003

EN

Official Journal of the European Union

C 184/45

Mark or sign cited in oppo-
sition:

Figurative mark
(mark
with
no 1975912,
Class 36)

for

‘GESINMAR’
priority
in

goods

Pleas in law and main arguments

Applicant
trade mark:

for Community

The Applicant

Decision of the Opposition
Division:

Upholding of the opposition for
all services in Class 36

Community
sought:

trade mark

The trade name ‘ENZO FUSCO’
— Application for
registration
No 726735, requested for pro-
ducts in Classes 3, 9, 18, 24
and 25 (products which are tra-
ditionally the subject of
trade
mark registration by so-called
creators of taste and fashion)

Decision of
Appeal:

Pleas in law:

the Board of

Dismissal of the appeal

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(likelihood of confusion)

Action brought on 27 May 2003 by Vincenzo Fusco
the Office for Harmonisation in the Internal
against
Market (Trade Marks and Designs) (OHIM)

(Case T-185/03)

(2003/C 184/99)

(Language of the case: Italian)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
27 May 2003 by Vincenzo Fusco, represented by B. Saguatti,
lawyers.

The other party to the proceedings before the Board of Appeal
was Antonio Fusco International S.A.

The applicant claims:

— as a principal claim,

that

the
contested decisions of the Board of Appeal holding that
the marks Antonio Fusco and Enzo Fusco were liable to
be confused with each other;

the Court should annul

Proprietor of mark or sign
cited in the opposition pro-
ceedings:

Antonio
Fusco
S.A., Luxembourg

International

Mark or sign cited in op-
position:

‘ANTONIO
Community mark
FUSCO’
(Registration
No 654059) for products sub-
stantially
those
to
identical
claimed by the Applicant

Decision of the Opposition
Division:

Opposition upheld and applica-
tion for registration dismissed

Decision of
Appeal:

Pleas in law:

the Board of

Dismissal of the appeal.

Misapplication of Article 8(1)(b)
of Regulation (EC) No 40/94
(Risk of confusion).

Action brought on 27 May 2003 by Joëlle Hivonnet
against Council of the European Union

(Case T-188/03)

(2003/C 184/100)

(Language of the case: French)

— in the alternative, should the Court hold that the marks
Antonio Fusco and Enzo Fusco are liable to confusion,
that the Court should specify the precise territorial scope
of the decision;

— as a principal claim, a declaration that, although the
opposition is based on an earlier Community trade
mark, the transformation procedure is not precluded save
by reference to the territory in respect of which the
existence of a risk of confusion may be recognised;
— that the opponent should be ordered to pay the costs, or,
in the alternative, given the delicacy and complexity of
the questions under consideration, that a composition of
costs should be established.

the Council of

An action against
the European Union was
brought before the Court of First Instance of the European
Communities on 27 May 2003 by Joëlle Hivonnet, domiciled
in New York (United States), represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:
— annul the decision of the appointing authority of 23 July
2002 rejecting the applicant's request for the grant of an
education allowance for her daughter Eponine for the
school years 1999-2000 and 2000-2001,
and only
granting an education allowance for
the school year
2001-2002 on an exceptional basis on the ground of
educational continuity;