Source: EURLEX
Language: en
Format: md

1.6.2002 EN Official Journal of the European Communities C 131/19

**Action brought on 26 February 2002 by Brasserie Jules** The applicant claims that the Court should:
**Simon & Cie against the Commission of the European**
**Communities**

—
annul the contested decision no. R0612/1999-2,
**(Case T-50/02)**

—
order the defendant to pay the costs.
(2002/C 131/36)

_(Language of the case: French)_

_Pleas in law and main arguments_
An action against the Commission of the European Communities was brought before the Court of First Instance of the
European Communities on 26 February 2002 by Brasserie
Jules Simon & Cie, established at Wiltz (Luxembourg), rep- Applicant for the Com- Kabushiki Kaisha Kenwood (also
resented by Alexandre Carnelutti and Jerry Mosar, lawyers. munity trade mark: trading as Kenwood Corporation)

The applicant claims that the Court should: The Community trade The word mark ‘DualMags’ for
mark concerned: goods in classes 9, 37 and 38.
— annul Article 1 of the Commission’s decision of 5 December 2001 in Case COMP/37800/F3 — Brasseries LuxemProprietor of the right to Karstadt Quelle Aktiengesellschaft
bourgeoises, in so far as it finds that the applicant has
the trade mark or sign
infringed Article 81(1) of the Treaty;
asserted by way of oppo— sition in the opposition
in any event, annul Article 2 of the decision in so far as it
proceedings:
imposes a fine on the applicant, or alternatively reduce
that fine substantially;
Trade mark or sign The national German word mark

—
order the Commission to pay the costs. asserted by way of oppo- ‘Dual’ for certain goods in class 9.
sition in the opposition
proceedings:

_Pleas in law and main arguments_
Decision of the Oppo- Partial rejection of the Comsition Division: munity trade mark application
The pleas in law and main arguments are similar to those put because of likelihood of confusion
forward in Case T-49/02.
for certain goods in class 9.

Decision of the Board of Dismissal of the appeal by the
Appeal: applicant for the Community trade mark.

**Action brought on 25 February 2002 by Kabushiki Kaisha**
Grounds of claim: Violation of Article 8.1 (b) of
**Kenwood against the Office for Harmonisation in the**
**Internal Market** Council Regulation 40/94 ( [1] ) since
there is no risk of confusion.
According to the applicant, the
**A further party to the proceedings before the Board of** word ‘dual’ should be considered
**Appeal was Karstadt Quelle Aktiengesellschaft**
as a descriptive complement to the
distinctive trade mark ‘Mags’. The
**(Case T-58/02)** opposing mark should further be
considered as a weak trade mark
(2002/C 131/37) due to its descriptive nature and
the word ‘dual’ is a common
element in several trade marks.
_(Language of the case: English)_

An action against the Office for Harmonisation in the Internal ( [1] ) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Market was brought before the Court of First Instance of the Community trade mark (OJ L 11, 1994, p. 1).
European Communities on 25 February 2002 by Kabushiki
Kaisha Kenwood, represented by Mr Emiliano Garayar Gutiérrez, Mr Joaquı´n Garcı´a-Romanillos Valverde and Ms Anna
Garcı´a Castillo of Go´mez-Acebo & Pombo, Brussels (Belgium).