Order of the Court of First Instance of 10 December 2004 in Case T-261/03 Euro Style 94 Srl v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition procedure — Application for figurative Community trade mark including the verbal element ‘GLOVE’ — National and international figurative and verbal marks ‘GLOBE’ — Relative ground for refusal — Article 8(1)(b) of Regulation No 40/94 — Action clearly devoid of legal foundation)
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, footwear industry, trade-mark law

19.3.2005

EN

Official Journal of the European Union

C 69/15

1. Dismisses the action;

1. The application is dismissed.

2. Orders the applicant to pay the costs.

(1) OJ C 21 of 24.1.2004.

2. The applicant is ordered to bear its own costs and to pay those of

the defendants.

(1) OJ C 184 of 2.8.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 December 2004

ORDER OF THE COURT OF FIRST INSTANCE

in Case T-196/03: European Federation for Cosmetic Ingre-
dients (EFfCI) v European Parliament and Council of the
European Union (1)

of 10 December 2004

(Manifest inadmissibility — Concept of measure of indivi-
dual concern to an applicant — European Economic Interest
Group — Contracts being performed — Intellectual property
rights)

in Case T-261/03 Euro Style 94 Srl v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(2005/C 69/29)

(Language of the case: English)

(Community trade mark — Opposition procedure — Appli-
cation for figurative Community trade mark including the
verbal element
‘GLOVE’ — National and international
figurative and verbal marks ‘GLOBE’ — Relative ground for
refusal — Article 8(1)(b) of Regulation No 40/94 — Action
clearly devoid of legal foundation)

In Case T-196/03: European Federation for Cosmetic Ingredi-
ents (EFfCI), established in Brussels (Belgium), represented by K.
Van Maldegem and C. Mereu, Lawyers, against European Parlia-
ment (Agents: J. L. Rufas Quintana, M. Moore and K. Bradley,
with an address for service in Luxembourg) and Council of the
European Union (Agents: E. Karlsson and C. Giorgi Fort), appli-
cation for the annulment of:

— Article 1(2) of Directive 2003/15/EC of

the European
Parliament and of
the Council of 27 February 2003,
amending Council Directive 76/768/EEC on the approxima-
tion of the laws of the Member States relating to cosmetic
products (OJ 2003 L 66, p. 26), in so far as it inserts in
Directive 76/768 a new Article 4a(2) and (2.1) and a new
Article 4b,

— Article 1(5) of Directive 2003/15, in so far as it adds a new

subparagraph to Article 6(3) of Directive 76/768,

the Court of First Instance (Third Chamber), composed of J.
Azizi, President, M. Jaeger and F. Dehousse, Judges; H. Jung,
Registrar, has given a judgment on 10 December, the operative
part of which is as follows:

(2005/C 69/30)

(Language of the case: English)

In Case T-269/04, Euro Style 94 Srl, established in Baretta
(Italy), represented by G. Pica,
lawyer, with an address for
service in Luxembourg, against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (Agents:
J. Laporta Insa and A. Folliard-Monguiral), the other party to
the proceedings before the Board of Appeal of the OHIM being
RCN-Companhia de Importacao e Esportacao de Texteis, LDA,
established in Oeiras (Portugal); appeal against the decision of
the Second Board of Appeal of the OHIM of 19 May 2003
(Case R 67/2001-2), concerning an opposition procedure
between RCN-Companhia de Importacao e Esportacao and
Eurostyle 94 Srl, the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, N.J. Forwood and S.S. Papa-
savvas,
Jung, made an order on 10
December 2004, the operative part of which is as follows:

Judges; Registrar, H.

C 69/16

EN

Official Journal of the European Union

19.3.2005

1 The appeal is dismissed.

2 The appellant is ordered to bear the costs.

March 2004 relating to a proceeding under Article 82 EC (Case
COMP/C-3/37.792 Microsoft) — the President of the Court of
First Instance has made an order on 22 December 2004, the
operative part of which is as follows:

(1) OJ C 264 of 1.11.2003

1. The request

for confidential

treatment submitted by Microsoft

Corporation is granted at the interim measures stage.

2. Audiobanner.com,

is granted leave to
trading as VideoBanner,
intervene in support of the form of order sought by the Commis-
sion in the interim measures proceedings.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

3. The Computer & Communications Industry Association is removed
from the case as intervener in support of the form of order sought
by the Commission in the interim measures proceedings.

of 22 December 2004

4. Novell Inc. is removed from the case as intervener in support of
the form of order sought by the Commission in the interim
measures proceedings.

in Case T-201/04 R Microsoft Corporation v Commission
of the European Communities

5. The application for interim measures is dismissed.

(Proceedings for interim relief — Article 82 EC)

6. Costs are reserved.

(2005/C 69/31)

(Language of the case: English)

lawyer, and I.S. Forrester QC,

In Case T-201/04 R: Microsoft Corporation, established in
Redmond, Washington (United States), represented by J.-F.
supported by The
Bellis,
Computing Technology Industry Association, Inc., estab-
lished in Oakbrook Terrace, Illinois (United States), represented
by G. van Gerven and T. Franchoo, lawyers, and B. Kilpatrick,
Solicitor, Association for Competitive Technology,
Inc.,
established in Washington, DC (United States), represented by
L. Ruessmann and P. Hecker,
lawyers, TeamSystem SpA,
established in Pesaro (Italy) and Mamut ASA, established in
Oslo (Norway), both represented by G. Berrisch,
lawyer,
DMDsecure.com BV, established in Amsterdam (Netherlands),
MPS Broadband AB, established in Stockholm (Sweden), Pace
Micro Technology plc, established in Shipley, West Yorkshire
(United Kingdom), Quantel Ltd, established in Newbury, Berk-
shire (United Kingdom) and Tandberg Television Ltd, estab-
lished in Southampton, Hampshire (United Kingdom), all repre-
sented by J. Bourgeois, lawyer, Exor AB, established in Uppsala
(Sweden), represented by S. Martínez Lage, H. Brokelmann and
R. Allendesalazar Corcho, lawyers against Commission of the
European Communities (Agents: R. Wainwright, W. Mölls, F.
Castillo de la Torre and P. Hellström), supported by RealNet-
works, Inc., established in Seattle, Washington (United States),
represented by A. Winckler, M. Dolmans and T. Graf, lawyers,
Software & Information Industry Association, established
in Washington, DC, represented by C.A. Simpson, Solicitor,
established in
Free Software Foundation Europe eV,
Hamburg (Germany), represented by C. Piana, lawyer — appli-
cation for suspension of the operation of Articles 4, 5(a) to (c)
and 6(a) of Commission Decision C(2004) 900 final of 24

ORDER OF THE COURT OF FIRST INSTANCE

of 13 December 2004

in Case T-269/04 IDOM SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM) (1)

(Community trade mark — Withdrawal of application for
registration — No need to adjudicate)

(2005/C 69/32)

(Language of the case: Spanish)

In Case T-269/04,
IDOM SA, established in Bilbao, Spain,
lawyer, against the
represented by Tatiana Villate Consonni,
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agent: Ignacio de Medrano Caballero),
the other party to the proceedings before the Board of Appeal
the OHIM being IDOM Inc., established in New Jersey
of
(United States), represented by Fry Heath and Spence LLP,
lawyers; appeal against the decision of the Second Board of
Appeal of the OHIM of 27 April 2004 (Case R 153/2003-2),
concerning registration of the sign IDOM as a Community
Instance (Fifth Chamber),
trade mark,
composed of M. Vilaras, President, M.E. Martins Ribeiro and K.
Jürimäe,
Jung, made an order on 13
December 2004, the operative part of which is as follows:

Judges; Registrar, H.

the Court of First