Case T-46/06: Order of the Court of First Instance of 28 August 2007 — Galileo Lebensmittel v Commission (Action for annulment — Implementation of the Top Level Domain eu — Registration of the domain name galileo.eu — Use restricted to the institutions and bodies of the Community — Locus standi — Inadmissibility)
Date: 2007-10-20
Institutions: Court of First Instance
Subjects: European Commission, European Union, Internet, Internet address, action for annulment (EU), intellectual property, regulation of telecommunications

20.10.2007

EN

Official Journal of the European Union

C 247/35

Order of the Court of First Instance of 28 August 2007 —
Galileo Lebensmittel v Commission

Action brought on 5 August 2007 — Lumenis v OHIM
(FACES)

(Case T-46/06) (1)

(Action for annulment — Implementation of the Top Level
Domain ‘eu’ — Registration of the domain name ‘galileo.eu’
the
— Use restricted to the institutions and bodies of

Community — Locus standi — Inadmissibility)

(Case T-301/07)

(2007/C 247/58)

Language of the case: English

(2007/C 247/57)

Language of the case: German

Parties

Parties

Applicant: Lumenis Ltd (Yokneam,
Malynicz, Barrister, B. Gerber, Solicitor)

Israel)

(represented by: S.

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

Applicant: Galileo Lebensmittel GmbH & Co. KG (Trierweiler,
Germany) (represented by: K. Bott, lawyer)

Form of order sought

Defendant: Commission of the European Communities (repre-
sented initially by: E. Montaguti and T. Jürgensen, then by: G.
Braun and E. Montaguti, acting as Agents)

— The decision of the Second Board of Appeal dated 1 June

2007 in Case R 1532/2006-2 shall be annulled;

— the Office shall bear its own costs and pay those of the

applicant.

Re:

Pleas in law and main arguments

Action for annulment of the Commission's decision to register
‘galileo.eu’ as an eu. Top Level Domain reserved for use by the
Community institutions and bodies, pursuant to Article 9 of
Commission Regulation (EC) No 874/2004 of 28 April 2004
laying down public policy rules concerning the implementation
and functions of the ‘.eu’ Top Level Domain and the principles
governing registration (OJ 2004 L 162, p. 40)

Operative part of the order

1. The action is dismissed as inadmissible.

2. Galileo Lebensmittel GmbH & Co. KG is ordered to bear its own

costs and pay those incurred by the Commission.

(1) OJ C 86, 8.4.2006.

Community trade mark concerned: The international word mark
‘FACES’
for goods in class 10 — International registration
No W0874799

Decision of the examiner: Refused registration in whole

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: In support of its claims, the applicant advances the
following grounds:

the applicant claims that

First,
distinctiveness in relation to all the goods applied for;

the Board failed to analyse

Second, according to the applicant, the Board's finding that
promotion and marketing in the trade commonly employs facial
photographs was unsupported and, in any event, relevant, if at
all, to Article 7(1)(b) or Article 7(1)(c);

Third, the applicant contends that the Board failed to analyse
the aptness of the term FACES as a descriptive indication in rela-
tion to the goods concerned;