Source: EURLEX
Language: en
Format: md

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| 4.7.2009 | EN | Official Journal of the European Union | C 153/34 |

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Judgment of the Court of First Instance of 14 May 2009 — Fiorucci v OHIM — Edwin (ELIO FIORUCCI)

(Case T-165/06)[(1)](#ntr1-C_2009153EN.01003402-E0001)

(Community trade mark - Invalidity and revocation proceedings - Community word mark ELIO FIORUCCI - Registration of the name of a well-known person as a trade mark - Article 52(2)(a) and Article 50(1)(c) of Regulation (EC) No 40/94)

2009/C 153/65

Language of the case: Italian

Parties

Applicant: Elio Fiorucci (Milan, Italy) (represented by: A. Vanzetti, G. Sironi and F. Rossi, Lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, Agents)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Edwin Co. Ltd (Tokyo, Japan) (represented by: D. Rigatti, M. Bertani, S. Verea, K. Muraro and M. Balestriero, Lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 April 2006 (Decision R 238/2005-1) concerning invalidity and revocation proceedings between Mr Elio Fiorucci and Edwin Co. Ltd.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 6 April 2006 (Case R 238/2005-1) in so far as it contains an error of law in the interpretation of Article 8(3) of the Codice della Proprietà Industriale (Italian Industrial Property Code); |

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| 2. | Dismisses the action as to the remainder; |

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| 3. | Orders OHIM to bear its own costs and two thirds of the costs incurred by Mr Elio Fiorucci; |

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| 4. | Orders Edwin Co. Ltd to pay its own costs and one third of those incurred by Mr Elio Fiorucci. |

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