Judgment of the Court of First Instance of 28 June 2005 in Case T-301/03 Canali Ireland Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Figurative mark CANAL JEAN CO. NEW YORK — Opposition by the proprietor of the national word mark CANALI — Likelihood of confusion)
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, footwear industry, trade-mark law

C 217/36

EN

Official Journal of the European Union

3.9.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 June 2005

of 28 June 2005

in Case T-190/03: Sanni Olesen v Commission of the Euro-
pean Communities (1)

in Case T-301/03 Canali Ireland Ltd v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Officials — Expatriation allowance — Article 4(1)(a) of
Annex VII
to the Staff Regulations — Work done for
another State or for an international organisation — Defini-
tion of State — Main occupation)

(Community trade mark — Figurative mark CANAL JEAN
CO. NEW YORK — Opposition by the proprietor of the
national word mark CANALI — Likelihood of confusion)

(2005/C 217/80)

(2005/C 217/81)

(Language of the case: French)

(Language of the case: English)

the Commission of

In Case T-190/03: Sanni Olesen, official of the Commission of
the European Communities, resident
in Brussels (Belgium),
J.-N. Louis and É.
represented by S. Orlandi, A. Coolen,
Marchal, lawyers, with an address for service in Luxembourg,
against
the European Communities,
(Agents: J. Currall and L. Lozano Palacio, with an address for
service in Luxembourg) — action for first, annulment of the
Commission's Decision of 19 April 2002 refusing the applicant
the expatriation allowance laid down in Article 4 of Annex VII
to the Staff Regulations of Officials of the European Commu-
nities, and second, payment of that allowance as from the date
on which she assumed her duties, increased by default interest
— the Court of First Instance (Fifth Chamber), composed of M.
Vilaras, President, M.E. Martins Ribeiro and K. Jürimäe, Judges;
I. Natsinas, Administrator for the Registrar, gave a judgment on
30 June 2005, in which it:

In Case T-301/03: Canali Ireland Ltd, established in Dublin
(Ireland), represented by C. Gielen and O. Schmutzer, lawyers,
against the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: A. Apostolidis and
S. Laitinen),
the other party to the proceedings before the
Board of Appeal of OHIM, intervening before the Court of First
Instance, being Canal Jean Co. Inc., established in New York
(United States), represented by M. Cover, Solicitor — action
brought against the decision of the Second Board of Appeal of
OHIM of 17 June 2003 (Case R 103/2002-2) relating to Oppo-
sition Proceedings No 78859 between Canali SpA and Canal
Jean Co. Inc. — the Court of First Instance (First Chamber),
composed of
I. Labucka and V.
Trstenjak, Judges; B. Pastor, Assistant Registrar, gave a judg-
ment on 28 June 2005, in which it:

J. D. Cooke, President,

1. Dismisses the action;

1. Dismisses the application;

2. Orders the parties to bear their own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 184 of 2.8.2003.

(1) OJ C 275 of 15.11.2003