Case T-322/05: Judgment of the Court of First Instance of 22 March 2007 — Carsten Brinkmann v OHIM — Terra Networks (Terranus) (Community trade mark — Opposition procedure — Application for Community work mark Terranus — Earlier Community and national figurative mark terra — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation No 40/94)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), financial institution, trade-mark law

28.4.2007

EN

Official Journal of the European Union

C 95/39

Judgment of the Court of First Instance of 8 March 2007
— France Télécom v Commission

(Case T-340/04) (1)

(Competition — Decision ordering an inspection — Loyal
cooperation with the national courts — Loyal cooperation
with the national competition authorities — Article 20(4) of
Regulation (EC) No 1/2003 — Statement of reasons —
Proportionality — Fresh plea in law — Inadmissible)

(2007/C 95/77)

Language of the case: French

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Laitinen and G.
Schneider, agents)

Re:

Action against the decision of the Second Board of Appeal of
(OHIM) of 25 April 2005 (R 823/2004-2) refusing the applica-
tion to register the word mark GOLF USA

Parties

Operative part of the judgment

Applicant: France Télécom SA,
formerly Wanadoo SA (Paris,
France) (represented by: C. Clarenc and J. Ruiz Calzado, lawyers)

The Court:

Defendant: Commission of the European Communities (repre-
sented by: É. Gippini Fournier and O. Beynet, Agents)

1. Dismisses the action;

Re:

2. Orders the applicant to pay the costs.

Annulment of Commission Decision C (2004) 1929 of 18 May
2004 in Case COMP/C-1.38.916 ordering French Télécom SA
and all undertakings which it controls directly or indirectly,
including Wanadoo SA and all undertakings controlled directly
to an inspection
or indirectly by Wanadoo SA,
pursuant to Article 20(4) of Council Regulation (EC) No 1/2003
of 16 December 2003 on the implementation of the rules on
competition laid down in Articles 81 [EC] and 82 [EC] (OJ
2003 L 1, p. 1).

to submit

(1) OJ C 205, 20.8.2005.

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 22 March 2007
— Carsten Brinkmann v OHIM — Terra Networks
(Terranus)

(Case T-322/05) (1)

(Community trade mark — Opposition procedure — Applica-
tion for Community work mark Terranus — Earlier Com-
munity and national figurative mark terra — Relative ground
for refusal — Likelihood of confusion — Article 8(1)(b) of
Regulation No 40/94)

Judgment of the Court of First Instance of 6 March 2007
— Golf USA v OHIM (GOLF USA)

(Case T-230/05) (1)

(Community trade mark — Application for the Community
word mark GOLF USA — Absolute grounds for refusal —
Descriptive character — Lack of distinctive character)

Parties

(2007/C 95/79)

Language of the case: German

(2007/C 95/78)

Language of the case: English

Parties

Applicant: Carsten Brinkmann (Cologne, Germany) (represented
by K. van Bebber, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented initially by T. Eichenberg
and subsequently by G. Scheider, Agents)

Applicant: Golf USA Inc., established in Oklahoma City, Okla-
homa (United States)) (represented by: A. de Bosch Kemper-de
Hilster, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM:
Terra Networks, SA (Pozuelo de Alarcón, Spain)

C 95/40

EN

Official Journal of the European Union

28.4.2007

Re:

Action brought against the decision of the First Board of Appeal
of OHIM of 10 June 2005 (Case R 1145/2004-1) relating to
opposition proceedings between Terra Network, SA and Carsten
Brinkmann.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

Order of the Court of First Instance of 5 March 2007 —
Beyatli and Candan v Commission

(Case T-455/04) (1)

(Officials — Open competition — Notice of competition —
Time-limits — Compalint — Inadmissibility)

(2007/C 95/81)

Language of the case: English

(1) OJ C 281, 12.11.2005.

Parties

Judgment of the Court of First Instance of 22 March 2007
(PAM
— Saint-Gobain Pam v OHIM — Propamsa

Applicants: Derya Beyatli (Nicosia, Cyprus) and Armagan Candan
(Istanbul, Turkey) (represented by: A. Demetriades, lawyer)

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

PLUVIAL)

(Case T-364/05) (1)

Re:

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark PAM PLUVIAL —
Earlier national figurative marks PAM — Relative ground for
refusal — Likelihood of confusion — Proof of use —
Article 8(1)(b) and Article 43 of Regulation (EC) No 40/94)

(2007/C 95/80)

Language of the case: French

Parties

Applicant: Saint-Gobain Pam SA (Nancy, France) (represented by:
J. Blanchard and G. Marchais, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM:
Propamsa, SA (Barcelona, Spain)

Re:

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 15 April 2005 (Case R 414/2004-4)
concerning registration of the word mark PAM PLUVIAL and
relating to opposition proceedings between Propamsa, SA and
Saint-Gobain Pam SA.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Saint-Gobain Pam SA, to pay the costs.

Application for annulment of the decision of 5 May 2004 of
the president of the selection board of open competition EPSO/
A/1/03 notifying the applicants of their failure in the written
tests

Operative part of the order

1. The action is dismissed as inadmissible.

2. Each of the parties is to bear its own costs.

(1) OJ C 57 of 5.1.2005.

Order of the Court of First Instance of 27 February 2007
— SP Entertainment Development v Commission

(Case T-44/05) (1)

(State aid — Actionable measure — Inadmissibility)

(2007/C 95/82)

Language of the case: German

(1) OJ C 315, 10.12.2005.

Parties

Applicant: SP Entertainment Development GmbH (Norderfrie-
drichskoog, Germany) (represented by: C. Demleitner, lawyer)