do-me/EUR-LEX huggingface dataset:
Case T-581/10: Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
Date: 2010-12-23
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment, textile industry, trade-mark law








C_2011063EN.01002902.xml










26.2.2011   


EN


Official Journal of the European Union


C 63/29





Action brought on 23 December 2010 — X Technology Swiss v OHIM — Brawn (X-Undergear)
(Case T-581/10)
2011/C 63/56
Language in which the application was lodged: German

Parties


Applicant: X Technology Swiss GmbH (Wollerau, Switzerland) (represented by: A. Herbertz and R. Jung, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Brawn LLC (Weekhawken, United States of America)

Form of order sought







—


Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 October 2010 in Case R 1580/2009-1;










—


Order the defendant to bear its own costs and pay those incurred by the applicant.





Pleas in law and main arguments


Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘X-Undergear’ for goods and services in Classes 23 and 25.

Proprietor of the mark or sign cited in the opposition proceedings: Brawn LLC.

Mark or sign cited in opposition: National and Community word mark ‘UNDERGEAR’ for goods in Class 25.

Decision of the Opposition Division: Upheld the opposition.

Decision of the Board of Appeal: Dismissed the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009, (1) since there is no likelihood of confusion between the two marks at issue.


(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).
Case C-615/10: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 23 December 2010 — Insinööritoimisto InsTiimi Oy
Date: 2010-12-23
Institutions: Court of Justice
Subjects: award of contract, interpretation of the law, military discipline








C_2011072EN.01001401.xml










5.3.2011   


EN


Official Journal of the European Union


C 72/14





Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 23 December 2010 — Insinööritoimisto InsTiimi Oy
(Case C-615/10)
2011/C 72/23
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings


Appellant: Insinööritoimisto InsTiimi Oy

Other party: Puolustusvoimat

Question referred

Is Directive 2004/18/EC (1) of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts applicable, having regard to Article 10 of that directive and to Article 346(1)(b) of the Treaty on the Functioning of the European Union and to the list of arms, munitions and war material adopted by decision of the Council on 15 April 1958, to a procurement which otherwise falls within the scope of the directive, when according to the contracting entity the intended purpose of the object of procurement is specifically military, but there also exist largely identical technical applications of the object of procurement in the civilian market?


(1)  OJ 2004 L 134, p. 114.