Judgment of the Court of First Instance of 1 March 2005 in Case T-169/03 Sergio Rossi SpA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — National and international word marks MISS ROSSI — Application for a Community word mark SISSI ROSSI — Similarity of the goods — Similarity of the marks — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-04-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), footwear industry, trade-mark law

30.4.2005

EN

Official Journal of the European Union

C 106/23

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 March 2005

of 1 March 2005

in Case T-143/03 Elisabeth Saskia Smit v European Police
Office (Europol) (1)

in Case T-169/03 Sergio Rossi SpA v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Temporary staff — Europol staff — Non-extension of
employment contract)

(2005/C 106/52)

(Language of the case: Dutch)

In Case T-143/03: Elisabeth Saskia Smit, a former member of
the staff of Europol, residing in Scheveningen (Netherlands),
represented by F. Baltussen, P. de Casparis and D.C. Coppens,
lawyers, against the European Police Office (Europol), the seat
of which is at The Hague (Netherlands) (Agents: D. Heimans
and K. Hennessy-Massaro, and, at the hearing, N. Urban) —
application for annulment of Europol's decision not to extend
the term of the applicant's contract of employment and for
compensation for the loss allegedly suffered — the Court of
First Instance (Second Chamber), composed of J. Pirrung, Presi-
dent, A.W.H. Meij and I. Pelikánova, Judges; J. Plingers, Admin-
istrator, for the Registrar, has given a judgment on 1 March
2005, in which it:

1. Annuls the decision of 30 September 2002 by which Europol
refused to renew the applicant's contract of employment and the
decision of 27 February 2003 rejecting her complaint against the
earlier decision;

(Community trade mark — Opposition proceedings —
National and international word marks MISS ROSSI —
Application for a Community word mark SISSI ROSSI —
Similarity of the goods — Similarity of the marks — Article
8(1)(b) of Regulation (EC) No 40/94)

(2005/C 106/53)

(Language of the case: Italian)

(OHIM)

In Case T-169/03: Sergio Rossi SpA, established in San Mauro
Pascoli, Forlì-Cesena (Italy), represented by A. Ruo,
lawyer,
against Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
(Agents: P. Bullock and O.
Montalto), the other party to the proceedings before the Board
of Appeal, intervening before the Court, being Sissi Rossi Srl,
established in Castenaso di Villanova, Bologna (Italy), repre-
lawyers —
sented by S. Verea, M. Bosshard and K. Muraro,
action brought against
the First Board of
Appeal of OHIM of 28 February 2003 (Case R 569/2002-1)
relating to the opposition proceedings between Calzaturificio
Rossi SpA and Sissi Rossi Srl, — the Court of First Instance
(Second Chamber), composed of J. Pirrung, President, A.W.H.
Meij and S. Papasavvas, Judges; D. Christensen, Administrator,
for the Registrar, gave a judgment on 1 March 2005, in which
it:

the decision of

2. Dismisses the remainder of the action;

1. Dismisses the action;

3. Orders Europol to pay the costs of the proceedings, including the

costs of the interlocutory proceedings.

2. Orders the applicant to pay the costs.

(1) OJ C 213 of 6.9.2003.

(1) OJ C 171 of 19.7.2003.