Judgment of the Court of First Instance of 1 March 2005 in Case T-185/03 Vincenzo Fusco v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Opposition proceedings — Application for Community word mark ENZO FUSCO — Earlier Community word mark ANTONIO FUSCO — Likelihood of confusion — Similarity between signs — 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), artistic creation, trade-mark law

C 106/24

EN

Official Journal of the European Union

30.4.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 March 2005

in Case T-185/03 Vincenzo Fusco v Office for Harmonisa-
tion in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark ENZO FUSCO — Earlier
Community word mark ANTONIO FUSCO — Likelihood of
confusion — Similarity between signs — Article 8(1)(b) of
Regulation (EC) No 40/94)

(2005/C 106/54)

(Language of the case: Italian)

Fusco

In Case T-185/03: Vincenzo Fusco, residing in Sarmeola di
Rubano (Italy), represented by B. Saguatti, lawyer, against the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: O. Montalto and P. Bullock), the
other party to the proceedings before the Board of Appeal of
intervening before the Court of First Instance, being
OHIM,
Lugano
Antonio
subsidiary, established in Lugano (Switzerland), represented by
M. Bosshard, S. Verea and K. Muraro — action brought against
the decision of the Fourth Board of Appeal of OHIM of 17
March 2003 in Case R 1023/2001-4, — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
A.W.H. Meij and N.J. Forwood, Judges; B. Pastor, Deputy Regis-
trar, for the Registrar, gave a judgment on 1 March 2005, in
which it:

SA Lussemburgo,

International

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 184 of 2.8.2003.

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) — applica-
tion 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, gave a judgment on 1 March 2005,
in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 213 of 6.9.2003.

Action brought on 12 January 2005 by Hoya Corporation
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-9/05)

(2005/C 106/56)

(Language in which the application was lodged: English)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 March 2005

in Case T-258/03 Andreas Mausolf v European Police
Office (Europol) (1)

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

(2005/C 106/55)

(Language of the case: Dutch)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 12
January 2005 by Hoya Corporation, established in Tokyo,
(Japan) represented by A. Nordemann, lawyer.

Indo Internacional S.A.established in Barcelona (Spain) was also
a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

— annul the Decision of the First Board of Appeal of the

OHIM of 3 November 2004 in case R 433/2004-1;

In Case T-258/03: Andreas Mausolf, a former member of the
staff of Europol, residing in Leiden (Netherlands), represented

— order the defendant to pay the costs.