Case T-230/05: Judgment of the Court of First Instance of 6 March 2007 — Golf USA v OHIM (GOLF USA) (Community trade mark — Application for the Community word mark GOLF USA — Absolute grounds for refusal — Descriptive character — Lack of distinctive character)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, footwear industry, sport, sports equipment, 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)