Case T-304/07: Judgment of the Court of First Instance of 5 November 2008 — Calzaturificio Frau v OHIM — Camper (Representation of a stylised arch with the surface in solid colour) (Community trade mark — Opposition proceedings — Application for a Community figurative mark representing a stylised arch with the surface in solid colour — Earlier Community figurative mark representing a stylised arch — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2008-11-05
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Italy, clothing industry, leather, trade-mark law

20.12.2008

EN

Official Journal of the European Union

C 327/23

Judgment of the Court of First Instance of 5 November
2008 — Calzaturificio Frau v OHIM — Camper (Represen-
tation of a stylised arch with the surface in solid colour)

Judgment of the Court of First Instance of 11 November
2008 — Speiser v Parliament

(Case T-304/07) (1)

(Community trade mark — Opposition proceedings —
Application for a Community figurative mark representing a
stylised arch with the surface in solid colour — Earlier Com-
munity figurative mark representing a stylised arch —
Relative ground for refusal — Likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 327/41)

Language of the case: Italian

(Case T-390/07 P) (1)

(Appeal — Staff case — Temporary staff — Admissibility —
Expatriation allowance — Purely confirmatory decision —
Complaint made out of time)

(2008/C 327/42)

Language of the case: German

Parties

Appellant: Michael Alexander Speiser (Neu-Isenburg, Germany)
(represented by: F. Theumer, lawyer)

Other party to the proceedings: European Parliament (represented
by:
initially A. Lukošiūtė and N. Lorenz and subsequently A.
Lukošiūtė and S. Seyr, acting as Agents)

Parties

Re:

Applicant: Calzaturificio SpA (San Giovanni
(represented by: A. Rizzoli, lawyer)

Ilarione,

Italy)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: O. Montalto and L.
Rampini, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Camper, SL (Inca,
Spain) (represented by: I. Temiño Ceniceros, lawyer)

Appeal against the order of the Civil Service Tribunal of the
European Union (First Chamber) of 10 September 2007 in Case
F-146/06 Speiser v Parliament, not yet published in the ECR,
seeking to have that order set aside

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders each party to bear the costs incurred in the appeal proceed-

ings.

Re:

(1) OJ C 297, 8.12.2007.

Action brought against the decision of the First Board of Appeal
of OHIM of 14 June 2007 in Case R 768/2006-1 relating to
opposition proceedings between Camper, SL and Calzaturificio
Frau SpA

Operative part of the judgment

(Case T-363/03) (1)

Order of the Court of First Instance of 25 September 2008
— Regione Siciliana v Commission

The Court:

1. Dismisses the action;

2. Orders Calzaturificio Frau SpA to pay the costs.

(Action for annulment — ERDF — Cancellation of a financial
the sums already paid —
contribution — Recovery of
effect —
Regional or

entity — Lack of direct

local

Inadmissibility)

(2008/C 327/43)

Language of the case: Italian

(1) OJ C 235, 6.10.2007.

Parties

Applicant: Regione Siciliana (Italy) (represented by: A. Cingolo,
lawyer)