Case T-101/07: Judgment of the Court of First Instance of 10 December 2008 — Dada v OHIM (Community trade mark — Opposition proceedings — Application for a figurative Community trade mark DADA — Earlier national word mark DADA — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Genuine use of the earlier trade mark — Article 43(2) and (3) of Regulation (EC) No 40/94)
Date: 2008-12-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Internet, action for annulment (EU), computer systems, provision of services, trade-mark law

C 32/30

EN

Official Journal of the European Union

7.2.2009

Judgment of the Court of First Instance of 16 December
2008 — Deichmann-Schuhe v OHIM — Design for Woman
(DEITECH)

Judgment of the Court of First Instance of 10 December
2008 — Dada v OHIM

(Case T-86/07) (1)

(Case T-101/07) (1)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark DEITECH —
Earlier national and international
figurative trade marks
DEI-tex — Relative grounds for refusal — Genuine use of the
earlier mark — Article 43(2) and (3) of Regulation (EC)
No 40/94)

(Community trade mark — Opposition proceedings — Appli-
cation for a figurative Community trade mark DADA —
Earlier national word mark DADA — Relative grounds for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94 — Genuine use of the earlier trade
mark — Article 43(2) and (3) of Regulation (EC) No 40/94)

(2009/C 32/55)

Language in which the application was lodged: German

(2009/C 32/56)

Language of the case: Italian

Parties

Applicant: Heinrich Deichmann-Schuhe GmbH & Co. KG (Essen,
Germany) (initially represented by O. Rauscher, lawyer, then by
O. Rauscher and A. Schulz, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: R. Pethke, acting as
Agent)

Other party to the proceedings before the Board of Appeal of OHIM:
Design for Woman SA (Bogotá, Colombia)

Re:

Applicant: Dada SpA (Florence, Italy) (represented by: D. Caneva
and G. Locurto, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Sempio, acting as
Agent)

Other party to the proceedings before the Board of Appeal of OHIM
intervening before the Court of First Instance: Dada Srl (Udine, Italy)
(represented by: M. Cartella and M. Fazzini, lawyers)

Action brought against the decision of the Second Board of
Appeal of OHIM of 22 January 2007 (case number
R 791/2006-2) relating to opposition proceedings between
Heinrich Deichmann-Schuhe GmbH & Co. KG and Design for
Woman SA.

Re:

Operative part of the judgment

The Court:

Action brought against the decision of the First Board of Appeal
of OHIM of 12 January 2007 (Case R 1342/2005-1) relating to
opposition proceedings between Dada Srl and Dada SpA.

1. Partially annuls the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks and
Designs) of 22 January 2007 (case number R 791/2006-2) in
so far as it finds that genuine use of the earlier marks has not been
proven in respect of ‘shoes’ in Class 25 covered by the application
for a Community trade mark;

2. Dismisses the remainder of the action;

3. Orders OHIM to pay the costs.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Dada SpA to pay the costs.

(1) OJ C 117, 26.5.2007.

(1) OJ C 129, 9.6.2007.