do-me/EUR-LEX huggingface dataset:
Case C-204/10 P: Appeal brought on 28 April 2010 by Enercon GmbH against the judgment of the General Court (Sixth Chamber) delivered on 3 February 2010 in Case T-472/07: Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks & Designs)
Date: 2010-04-28
Institutions: Court of Justice
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), energy industry, toy industry, trade-mark law








C_2010179EN.01002102.xml










3.7.2010   


EN


Official Journal of the European Union


C 179/21






Appeal brought on 28 April 2010 by Enercon GmbH against the judgment of the General Court (Sixth Chamber) delivered on 3 February 2010 in Case T-472/07: Enercon GmbH v Office for Harmonisation in the Internal Market (Trade Marks & Designs)
(Case C-204/10 P)
(2010/C 179/36)
Language of the case: English

Parties


Appellant: Enercon GmbH (represented by: J. Mellor, Barrister, R. Böhm, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Hasbro Inc.

Form of order sought

The appellant claims that the Court should:






—


allow the Appeal against the Judgment of the General Court and annul the Judgment of the General Court, to annul the decision of the fourth Board of Appeal and, as appropriate, the decision of the Opposition Division;










—


(as appropriate) remit this case to the Office for a fresh consideration of the issues on this Opposition;










—


order the intervener and the Office to pay the Appellant's costs of this Appeal





Pleas in law and main arguments

The Appellant submits that the General Court failed to recognise the errors in the decision of the Board of Appeal, based, as it was, on the illegitimate decision of the Opposition Division. In particular there was a complete failure to recognise (a) that the Medion (1) judgment concerned an exceptional situation in which the usual rule that the average consumer normally perceives a trade mark as a matter of overall impression is displaced but (b) no circumstances existed in this case sufficient to justify such an exceptional approach. No part of the earlier mark in this case had an ‘independent distinctive role’.
Furthermore the Appellant submits that, due to the incorrect application of a Medion type principle at the earlier stage of the assessment of similarity, no proper consideration was given to the global assessment of the likelihood of confusion.


(1)  OJ C 106, 30.04.2004, p. 31
Prior notification of a concentration (Case COMP/M.5658 — Unilever/Sara Lee Body Care) Text with EEA relevance
Date: 2010-04-28
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control








C_2010108EN.01000701.xml










28.4.2010   


EN


Official Journal of the European Union


C 108/7





Prior notification of a concentration
(Case COMP/M.5658 — Unilever/Sara Lee Body Care)
(Text with EEA relevance)
2010/C 108/06






1.


On 21 April 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Unilever N.V., the Netherlands, and Unilever Plc, United Kingdom, (together ‘Unilever’) acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Sara Lee Household and Body Care International (‘Sara Lee Body Care’, the Netherlands), belonging to Sara Lee Corporation (‘Sara Lee’, USA) by way of irrevocable binding offer announced on 25 September 2009, and agreed by Sara Lee to accept.










2.


The business activities of the undertakings concerned are:






—


Unilever is a multinational manufacturer of fast moving consumer products. Its principal businesses are in the food, home care and personal care categories,










—


Sara Lee Body Care is active in the markets for personal care and laundry care.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5658 — Unilever/Sara Lee Body Care, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Prior notification of a concentration (Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM) — Candidate case for simplified procedure Text with EEA relevance
Date: 2010-04-28
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, fertiliser industry, merger control, pharmaceutical industry








C_2010108EN.01000601.xml










28.4.2010   


EN


Official Journal of the European Union


C 108/6





Prior notification of a concentration
(Case COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM)
Candidate case for simplified procedure
(Text with EEA relevance)
2010/C 108/05






1.


On 19 April 2010, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Orascom Construction Industries S.A.E. (‘OCI’, Egypt) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of parts of the undertaking Royal DSM N.V. (‘DSM’, the Netherlands)) consisting of its nitrogen-based fertilizers, ammonia and melamine businesses by way of purchase of shares and assets.










2.


The business activities of the undertakings concerned are:






—


for undertaking OCI: construction and supply of fertilizers,










—


for undertaking DSM: development, manufacture and marketing of nutritional and pharmaceutical products, performance materials, polymer intermediates and base chemicals and materials.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.










4.


The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.5856 — OCI/Certain fertilizer and related businesses of DSM, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).