Case T-305/07: Action brought on 9 August 2007 — Offshore Legends v OHIM — Acteon (OFFSHORE LEGENDS (in black and white))
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, trade-mark law

C 269/48

EN

Official Journal of the European Union

10.11.2007

Order of the Court of First Instance of 5 September 2007
— Document Security Systems v ECB

Order of the Court of First Instance of 7 September 2007
— González Sánchez v OHIM — Bankinter (ENCUENTA)

(Case T-295/05) (1)

(Monetary Union — Issue of euro banknotes — Alleged use
of a patented invention designed to prevent counterfeiting —
Action for infringement of a European patent — Lack of
jurisdiction of the Court of First Instance — Inadmissibility
— Action for damages)

(Case T-49/06) (1)

(Community trade mark — Opposition proceedings —
Article 63(4) of Regulation (EC) No 40/94 — Lack of
standing to bring proceedings — Inadmissibility)

(2007/C 269/86)

Language of the case: Spanish

(2007/C 269/85)

Parties

Language of the case: English

Parties

Applicant: Francisco Javier González Sánchez (Madrid, Spain)
(represented by: G. Justicia González, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Palmero Cabezas,
agent)

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

(Rochester, New
Applicant: Document Security Systems,
York, United States) (represented by: L. Cohen, H. Sheraton, B.
Uphoff, solicitors, and C. Stanbrook, QC)

Inc.

Re:

(represented by: C.
Defendant: European Central Bank (ECB)
Zilioli and P. Machado, agents, assisted by E. Garayar Gutiérrez
and G. de Ulloa y Suelves, lawyers)

Action brought against the decision of the Second Board of
Appeal of OHIM of 16 December 2005 (Case R 1116/2005-2)
concerning opposition proceedings between Bankinter SA and
the Confederación Española de Cajas de Ahorros.

Re:

Operative part of the order

The Court:

1. dismisses the action as inadmissible;

Action for a declaration that the ECB infringed the applicant's
rights conferred by a European patent and for compensation for
the resulting loss and damage that the applicant claims to have
suffered.

2. orders Francisco Javier González Sánchez to pay all of the costs.

(1) OJ C 310, 16.12.2006.

Operative part of the order

1. The action for patent infringement is dismissed as inadmissible.

2. The action for damages is dismissed.

3. Document Security Systems, Inc. is ordered to pay its own costs

and to pay those of the European Central Bank.

Action brought on 9 August 2007 — Offshore Legends v
OHIM — Acteon (OFFSHORE LEGENDS (in black and
white))

(Case T-305/07)

(2007/C 269/87)

Language in which the application was lodged: French

(1) OJ C 229, 17.9.2005.

Parties

Applicant: Offshore Legends NV (Nevele, Belgium) (represented
by: P. Maeyaert and N. Clarembeaux, lawyers)

10.11.2007

EN

Official Journal of the European Union

C 269/49

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

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

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Other party to the proceedings before the Board of Appeal of OHIM:
Acteon SARL (Saint-Tropez, France)

Form of order sought

Form of order sought

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1031/2006-2);

— Annul, in part, the decision of the Second Board of Appeal

of 29 May 2007 (Case R 1038/2006-2);

— Order OHMI to pay the costs.

— Order OHMI to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Offshore Legends

Applicant for a Community trade mark: Offshore Legends

Community trade mark concerned: The figurative mark ‘Offshore
Legends’, in black and white, for goods in classes 3, 9, 14, 18,
20, 24, 25, 28 and 35 — Application No 3 160 231

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for products in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the products in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

Community trade mark concerned: The figurative mark ‘Offshore
Legends’ in blue, black and green, for goods in classes 3, 9, 14,
18, 20, 24, 25, 28 and 35 — Application No 2 997 021

Proprietor of the mark or sign cited in the opposition proceedings:
Acteon SARL

Mark or sign cited in opposition: National and international figura-
tive mark ‘Offshore One’ for goods in classes 16, 18 and 25

Decision of the Opposition Division: The opposition is rejected in
respect of the entirety of the contested goods

Decision of the Board of Appeal: Partial annulment of the decision
of the opposition division, to the extent that it rejected the
opposition in respect of the goods in classes 18 and 25

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), to the extent that the Board of Appeal erred in its
assessment of the risk of confusion and, in particular, erred with
regard to the assessment of the similarity of the trade marks in
question.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 9 August 2007 — Offshore Legends v
OHIM — Acteon (OFFSHORE LEGENDS (in blue, black,
green))

(Case T-306/07)

(2007/C 269/88)

Language in which the application was lodged: French

Parties

Action brought on 16 August 2007 — Tegebauer v
Parliament

(Case T-308/07)

(2007/C 269/89)

Language of the case: German

Parties

Applicant: Ingo-Jens Tegebauer (Trier, Germany) (represented by:
R. Nieporte, lawyer)

Applicant: Offshore Legends NV (Nevele, Belgium) (represented
by: P. Mayaert and N. Clarembeaux, lawyers)

Defendant: European Parliament