Case T-161/07: Action brought on 9 May 2007 — Group Lottuss v OHIM — Ugly (COYOTE UGLY)
Date: 2007-07-07
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), leisure, service, trade-mark law

7.7.2007

EN

Official Journal of the European Union

C 155/37

Form of order sought

— annulment, pursuant

to Article 230 EC, of Commission
Decision D(2004) 24253 of 9 November 2004, reducing
the amount of the financial assistance granted by the Euro-
pean Social Fund (‘the ESF’) to the applicant by Decision
C(87) 0860 of 30 April 1987 (file No 880707 P1);

— an order that the Commission should pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those put
forward in Case T-158/07.

Mark or sign cited in opposition: Community word mark ‘COYOTE
UGLY’ for goods in Classes 14, 16, 21, 25, 32 and 34, and
earlier well-known unregistered word and figurative marks
‘COYOTE UGLY’ for goods and services in Classes 14, 16, 21,
25, 32, 33, 34, 41 and 42.

Decision of the Opposition Division: Opposition upheld in part, in
so far as the Community trade mark application was refused in
relation to services in Class 42.

Decision of the Board of Appeal: Annulment of the contested deci-
sion, in so far as it rejected the opposition to ‘entertainment
services, services for discos, night clubs’ applied for in Class 41,
and rejection of the application for such services.

Pleas in law: Incorrect application of Article 8(1)(b) of Council
Regulation (EC) No 40/94 on the Community trade mark.

Action brought on 9 May 2007 — Group Lottuss v OHIM
— Ugly (COYOTE UGLY)

(Case T-161/07)

(2007/C 155/67)

Language in which the application was lodged: Spanish

Parties

Applicant: Group Lottuss Corporation, SL (Barcelona, Spain)
(represented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz
Avendaño and J Arribas García, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM:
UGLY, INC

Form of order sought

— annul (in part) the decision of the Second Board of Appeal
of OHIM of 2 March 2007 in so far as that relates to the
application
refusal
No 2.428.795 ‘COYOTE UGLY’ by Group Lottuss Corpora-
tion, SL

the Community

trade mark

of

— order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Group Lottuss Corporation,
SL.

Community trade mark concerned: Figurative mark ‘COYOTE UGLY’
(application No 2.428.795) for goods and services in Classes 9,
41 and 42.

Proprietor of the mark or sign cited in the opposition proceedings:
Ugly, Inc.

Action brought on 8 May 2007 — Pigasos Alieftiki Naftiki
Etairia v Council and Commission

(Case T-162/07)

(2007/C 155/68)

Language of the case: Greek

Parties

Applicant: Pigasos Alieftiki Naftiki Etairia (Moskhato, Greece)
(represented by: N. Skandamis, lawyer)

Defendants: Council of the European Union and Commission of
the European Communities

Form of order sought

— a declaration that, by a series of unlawful acts and omis-
sions, the Council of the European Union and the Commis-
sion of the European Communities have infringed the funda-
mental Community law principles of freedom of movement,
economic freedom, proportionality, protection of legitimate
expectations and provision of effective legal protection in
connection with fishing activities in a zone contiguous to a
third country (Tunisia) and the transport of fishing catches
made in the Community customs territory through the terri-
tory of that third country, which is associated to the Com-
munity, under customs supervision (in transit);

— an order that the Community institutions pay the applicant
company an amount of 23 608,551 dinars and an amount
(EUR 188 583,18 + 10 806 323,44 + 1 000 000 =
EUR 11 994 906,62
to
Articles 235 EC and the second paragraph of Article 288 EC.

compensation

pursuant

as