Source: EURLEX
Language: en
Format: md

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| 12.11.2011 | EN | Official Journal of the European Union | C 331/19 |

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Judgment of the General Court of 28 September 2011 — Nike International v OHIM — Deichmann (VICTORY RED)

(Case T-356/10)[(1)](#ntr1-C_2011331EN.01001903-E0001)

(Community trade mark - Opposition proceedings - Application for registration of the Community word mark VICTORY RED - Earlier international and national word marks Victory - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 331/36

Language of the case: English

Parties

Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Deichmann SE (Essen, Germany)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009-2) concerning opposition proceedings between Deichmann SE and Nike International Ltd.

Operative part of the judgment

The General Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Nike International Ltd to pay the costs. |

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