Case T-38/04: Judgment of the Court of First Instance of 15 November 2007 — Sunplus Technology v OHIM — Sun Microsystems (SUN PLUS) (Community trade mark — Opposition proceedings — Application for figurative mark SUNPLUS — Earlier national word mark SUN — Likelihood of confusion — Similarity between goods — Similarity between marks)
Date: 2007-12-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

22.12.2007

EN

Official Journal of the European Union

C 315/33

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 15 November
2007 — Sunplus Technology v OHIM — Sun Microsystems
(SUN PLUS)

Judgment of the Court of First Instance of 8 November
2007 — Bavarian Lager v Commission

(Case T-38/04) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for figurative mark SUNPLUS — Earlier national word
mark SUN — Likelihood of confusion — Similarity between
goods — Similarity between marks)

(Case T-194/04) (1)

(Access to documents — Regulation (EC) No 1049/2001 —
Documents relating to proceedings for failure to fulfil obliga-
tions — Decision refusing access — Protection of physical
in relation to processing of personal data —
persons

Regulation (EC) No 45/2001 — Concept of private life)

(2007/C 315/61)

Language of the case: English

(2007/C 315/62)

Language of the case: English

Parties

Applicant: Sunplus Technology Co. Ltd (Hsinchu, Taiwan)
(represented by: H. Eichmann, G. Barth, U. Blumenröder, C.
Niklas-Falter, M. Kinkeldey, K. Brandt, A. Franke, U. Stephani, B.
Allekotte, E. Pfrang, K. Lochner, B. Ertle, C. Neuhierl and S.
Prückner, Lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, agent)

(represented by: A.

and Designs)

Other party to the proceedings before the Board of Appeal of OHIM,
intervening before the Court of First Instance: Sun Microsystems,
(repre-
Inc.
sented by: M. Graf, Lawyer)

(Palo Alto, California, United States of America)

Re:

Parties

Applicant: The Bavarian Lager Co. Ltd (Clitheroe, United
Kingdom) (represented by: initially J. Pearson and C. Bright, and
subsequently by J. Webber and M. Readings, solicitors)

Defendant: Commission of the European Communities (repre-
sented by: C. Docksey and P. Aalto, Agents)

Intervener in support of the applicant: European Data Protection
Supervisor (EDPS), (represented by: H. Hijmans, Agent)

Re:

Application for annulment of
the Commission Decision of
18 March 2004 refusing an application by the applicant for full
access to the minutes of a meeting held in connection with
proceedings for failure to fulfil Treaty obligations and for a
the Commission wrongly terminated the
declaration that
proceedings brought against
the United
the Government of
Kingdom of Great Britain and Northern Ireland under
Article 169 of the EC Treaty (now Article 226 EC)

Action brought against the decision of the Fourth Board of
Appeal of OHIM of 7 October 2003 (Case R 642/2000-4)
relating to opposition proceedings between Sun Microsystems,
Inc. and Sunplus Technology Co. Ltd.

Operative part

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Sunplus Technology Co. Ltd to pay the costs.

1. Annuls the Commission's decision of 18 March 2004, rejecting an
the meeting of

to the full minutes of

application for access
11 October 1996, containing all the names;

2. Orders the Commission to pay the costs incurred by The Bavarian

Lager Co. Ltd;

3. Orders the European Data Protection Supervisor (EDPS) to bear

his own costs.

(1) OJ C 94, 17.4.2004.

(1) OJ C 201, 7.8.2004.