Source: EURLEX
Language: en
Format: md

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| 9.5.2008 | EN | Official Journal of the European Union | C 116/27 |

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Action brought on 14 March 2008 — Spitzer v OHIM — Homeland Housewares (Magic Butler)

(Case T-123/08)

(2008/C 116/50)

Language in which the application was lodged: German

Parties

Applicant: Harald Spitzer (Hörsching, Austria) (represented by: T. Schmitz, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM: Homeland Housewares, LLC (Los Angeles, United States of America)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of OHIM of 7 January 2008 (Case R 1508/2006-1); |

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| — | reject the opposition entered by Homeland Housewares, LLC, against the word mark for which registration is sought, ‘Magic Butler’ No 4 109 906; |

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| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Harald Spitzer.

Community trade mark concerned: The word mark ‘Magic Butler’ for goods in Classes 7 and 21 (application No 4 109 906)

Proprietor of the mark or sign cited in the opposition proceedings: Homeland Housewares, LLC

Mark or sign cited in opposition: The word mark ‘MAGIC BULLET’ for goods in Class 7 (Community trade mark 4 100 483) and the word mark ‘THE MAGIC BULLET’ for goods in Class 7 (Community trade mark 3 584 885)

Decision of the Opposition Division: Opposition upheld in part.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EG) No 40/94[(1)](#ntr1-C_2008116EN.01002702-E0001), because there is no likelihood of confusion between the marks in conflict.

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