do-me/EUR-LEX huggingface dataset:
Case T-448/11: Judgment of the General Court of 16 September 2013 — Golden Balls Ltd v OHIM — Intra-Presse (GOLDEN BALLS) (Community trade mark — Opposition proceedings — Application for Community word mark GOLDEN BALLS — Earlier Community word mark BALLON D’OR — Similarity of the signs — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Application for annulment filed by the intervener — Article 134(3) of the Rules of Procedure of the General Court — Scope of the examination to be carried out by the Board of Appeal — Obligation to rule on the entirety of the action — Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009)
Date: 2013-09-16
Institutions: General Court
Subjects: EU trade mark, registered trade mark, trade-mark law








C_2013336EN.01002001.xml










16.11.2013   


EN


Official Journal of the European Union


C 336/20





Judgment of the General Court of 16 September 2013 — Golden Balls Ltd v OHIM — Intra-Presse (GOLDEN BALLS)
(Case T-448/11) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark GOLDEN BALLS - Earlier Community word mark BALLON D’OR - Similarity of the signs - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Application for annulment filed by the intervener - Article 134(3) of the Rules of Procedure of the General Court - Scope of the examination to be carried out by the Board of Appeal - Obligation to rule on the entirety of the action - Articles 8(5), 64(1) and 76(1) of Regulation No 207/2009)
2013/C 336/39
Language of the case: English

Parties


Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough QC, and S. Smith, Solicitor)

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

Other party to the proceedings before the Board of Appeal of OHIM: Intra-Presse (Boulogne-Billancourt, France) (P. Péters, T. de Haan and M. Laborde, lawyers)

Re:

Application for annulment of the decision of the First Board of Appeal of OHIM of 22 June 2011 (R 1432/2010-1) relating to opposition proceedings between Intra-Presse and Golden Balls Ltd.

Operative part of the judgment

The Court:






1.


Annuls point 1 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2011 (Case R 1432/2010-1);










2.


Rejects the application for annulment submitted by Intra-Presse;










3.


Orders OHIM to bear, in addition to its own costs, those incurred by Golden Balls Ltd, with the exception of the latter’s costs concerning the application for annulment based on Article 134(3) of the Rules of Procedure;










4.


Orders Intra-Presse to bear, in addition to its own costs, those incurred by Golden Balls Ltd concerning the application for annulment based on Article 134(3) of the Rules of Procedure.






(1)  OJ C 298, 8.10.2011.
Case T-435/09: Judgment of the General Court of 16 September 2013 — GL2006 Europe Ltd v Commission (Arbitration clause — Contracts for financial assistance concluded in the context of the Fifth and Sixth Framework Programmes for Community activities in the field of research and technological development and in the context of the eTEN Programme — Highway, J WeB, Care Paths, Cocoon, Secure-Justice, Qualeg, Lensis, E-Pharm Up, Liric, Grace, Clinic and E2SP projects — Termination of contracts — Reimbursement of amounts paid — Debit notes — Counterclaim — Representation of the applicant)
Date: 2013-09-16
Institutions: General Court
Subjects: Framework Programme for Research and Development, contract terms, financial aid, reimbursement of aid, research and development, research project








C_2013325EN.01002101.xml










9.11.2013   


EN


Official Journal of the European Union


C 325/21





Judgment of the General Court of 16 September 2013 — GL2006 Europe Ltd v Commission
(Case T-435/09) (1)

(Arbitration clause - Contracts for financial assistance concluded in the context of the Fifth and Sixth Framework Programmes for Community activities in the field of research and technological development and in the context of the eTEN Programme - Highway, J WeB, Care Paths, Cocoon, Secure-Justice, Qualeg, Lensis, E-Pharm Up, Liric, Grace, Clinic and E2SP projects - Termination of contracts - Reimbursement of amounts paid - Debit notes - Counterclaim - Representation of the applicant)
2013/C 325/34
Language of the case: English

Parties


Applicant: GL2006 Europe Ltd (Birmingham, United Kingdom) (represented by: M. Gardenal and E. Bélinguier-Raiz, lawyers)

Defendant: European Commission (represented initially by: S. Delaude and N. Bambara, and subsequently by S. Delaude, Agents, and by R. Van der Hout, lawyer)

Re:

Action brought by GL2006 Europe Ltd pursuant to Article 238 EC, on the basis of arbitration clauses, whereby the applicant disputes the checks carried out by OLAF at its premises in December 2008, the decision in the letter of 10 July 2009 whereby the Commission terminated the applicant’s participation in two research and technological development projects, and 12 debit notes issued by the Commission on 7 August 2009, seeking the reimbursement of the sums paid by the Commission to the applicant for its participation in 12 research and development projects, and a counterclaim for the reimbursement of those sums

Operative part of the judgment

The Court:






1.


Declares that there is no longer any need to adjudicate on the action brought by GL2006 Europe Ltd;










2.


Orders GL2006 Europe to pay to the European Commission the sum of EUR 2 258 456,31, along with interest calculated from the time-limits set out in the debit notes of 7 August 2009;










3.


Orders GL2006 Europe to pay the costs.






(1)  OJ C 11, 16.1.2010.