Case T-449/07: Action brought on 3 December 2007 — Rotter v OHIM (EU-BRUZZEL)
Date: 2007-12-03
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), meat product, trade-mark law

9.2.2008

EN

Official Journal of the European Union

C 37/31

Pleas in law: infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), since the Board of Appeal incorrectly applied the
principles of Community case-law concerning the likelihood of
confusion.

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

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

Furthermore, the applicant submits that the Commission failed
to prove to the requisite standard that the applicant's subsidiary
participated in the cartel after 1997.

In the alternative, the applicant submits that the Commission:

— committed manifest errors when calculating the fine,

— did not take all relevant circumstances into account when
assessing the duration and the gravity of the infringements;
and

— omitted to assess the attenuating circumstances, such as the

minor role played by the applicant's subsidiary.

Action brought on 5 December 2007 — Scovill Fasteners v
Commission

(Case T-447/07)

(2008/C 37/48)

Language of the case: English

Parties

Applicant: Scovill Fasteners,
(represented by: O. Dugardyn, lawyer)

Inc.

(Clarkesville, United States)

Defendant: Commission of the European Communities

Form of order sought

Action brought on 3 December 2007 — Rotter v OHIM
(EU-BRUZZEL)

(Case T-449/07)

(2008/C 37/49)

Language in which the application was lodged: German

Parties

Applicant: Thomas Rotter (Munich, Germany) (represented by M.
Müller, lawyer)

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

— Annul the Commission's decision of 19 September 2007
relating to a proceeding under Article 81 of the EC Treaty
(Case
COMP/E-1/39.168 — PO/Hard Haberdashery:
Fasteners);

— in the alternative, annul or reduce the fine imposed on the

applicant;

Form of order sought

— To annul the decision of the Fourth Board of Appeal of
OHIM of 27 September 2007 in Case R 1415/2006-4;

— To order OHIM to pay the costs of

the proceedings

including those incurred during the appeal proceedings.

— order the Commission to bear its own costs and those

incurred by the applicant.

Pleas in law and main arguments

Pleas in law and main arguments

of

the

seeks

applicant

annulment

The
Commission
Decision C(2007) 4257 final of 19 September 2007 in Case
COMP/E-1/39.168 — PO/Hard Haberdashery: Fasteners, by
which the Commission found that the applicant's subsidiary,
together with other undertakings, had infringed Article 81 EC
by agreeing on coordinated price increases and exchanging
confidential information on prices and the implementation of
price increases.

In support of its application, the applicant contends that the
Commission erroneously considered that the applicant forms a
single economic entity with its subsidiary and that the applicant
should not be held jointly and severally liable for the payment
of the fine imposed on its subsidiary for the subsidiary's alleged
infringements.

the three-dimensional mark
Community trade mark concerned:
‘EU-BRUZZEL’ for goods and services in Classes 29, 30 and 43
(application No 4 346 185).

Decision of the Examiner: rejection in part of the application.

Decision of the Board of Appeal: dismissal of the appeal.

Pleas in law: infringement of Article 7(1)(b) of Regulation (EC)
No 40/94 (1), since the mark applied for is distinctive in relation
to the contested charcuterie goods.

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

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