Case T-392/04: Judgment of the Court of First Instance of 14 December 2006 — Gagliardi v OHIM — Norma Lebensmittelfilialbetrieb (MANŪ MANU MANU) (Community trade mark — Opposition proceedings — Application for the Community figurative trade mark MANŪ MANU MANU — Earlier national word mark MANOU — Refusal to register — Scope and correction of the decision of the Board of Appeal — Restriction of the application for registration — Partial withdrawal of the opposition — Legal interest in bringing opposition proceedings — Proof of use of the earlier mark — Scope of the proof of use — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-12-30
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, trade-mark law

30.12.2006

EN

Official Journal of the European Union

C 331/37

Judgment of the Court of First Instance of 14 December
2006 — Gagliardi v OHIM — Norma Lebensmittelfilialbe-
trieb (MANŪ MANU MANU)

4. Orders the applicant, Salvatore Gagliardi, to bear two thirds of its

own costs;

(Case T-392/04) (1)

5. Orders the intervener, Norma Lebensmittelfilialbetrieb GmbH &

Co. KG, to bear its own costs.

(Community trade mark — Opposition proceedings — Appli-
cation for the Community figurative trade mark MANŪ
MANU MANU — Earlier national word mark MANOU —
Refusal to register — Scope and correction of the decision of
the Board of Appeal — Restriction of the application for
registration — Partial withdrawal of the opposition — Legal
interest in bringing opposition proceedings — Proof of use of
the earlier mark — Scope of the proof of use — Likelihood of
confusion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 331/81)

Language of the case: Italian

Parties

Applicant: Salvatore Gagliardi
(Monsummano Terme,
(represented by: A. Schmitt, P. Biavati, S. Corona, lawyers)

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: M. Buffolo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Norma Lebensmittelfi-
lialbetrieb GmbH & Co. KG (Nuremburg, Germany) (represented
by: S. Rojahn, lawyer)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 15 June 2004 (Case R 154/2002-4),
relating to opposition proceedings between Norma Lebensmit-
telfilialbetrieb GmbH & Co. KG and Salvatore Gagliardi.

Operative part of the judgment

(1) OJ C 284, 20.11.2004.

Judgment of the Court of First Instance Chamber of 23
November 2006 — Lavagnoli v Commission

(Case T-422/04) (1)

(Officials — Promotion — 2003 promotion procedure —
Refusal of promotion — Allocation of promotion points)

(2006/C 331/82)

Language of the case: French

Parties

Applicant: Luciano Lavagnoli
(repre-
sented by: G. Bounéou and F. Frabetti and subsequently by F.
Frabetti, lawyers)

(Berchem, Luxembourg)

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Krämer, Agents)

Re:

Annulment, first, of the list of officials promoted in 2003 in so
far as the name of the applicant is not contained therein and,
second, in the alternative, of the decision allocating promotion
points for 2003, as regards the applicant.

The Court:

Operative part of the judgment

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and
for Harmonisation in the Internal Market
Designs) (OHIM) of 15 June 2004 (Case R 154/2002-4) in so
far as it refuses the application for registration of the mark MANŪ
MANU MANU, first, for ‘footwear’ and ‘headgear’ in Class 25
and second, for goods in Classes 18 and 24;

The Court:

1. Dismisses the action

2. Orders each party to bear its own costs.

2. Dismisses the remainder of the action;

(1) OJ C 45 of 19.2.2005.

3. Orders OHIM to bear its own costs and a third of those incurred

by the applicant;