Source: EURLEX
Language: en
Format: md

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| 20.12.2008 | EN | Official Journal of the European Union | C 327/23 |

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Judgment of the Court of First Instance of 5 November 2008 — Calzaturificio Frau v OHIM — Camper (Representation of a stylised arch with the surface in solid colour)

(Case T-304/07)[(1)](#ntr1-C_2008327EN.01002301-E0001)

(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a stylised arch with the surface in solid colour - Earlier Community figurative mark representing a stylised arch - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 327/41)

Language of the case: Italian

Parties

Applicant: Calzaturificio SpA (San Giovanni Ilarione, Italy) (represented by: A. Rizzoli, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Camper, SL (Inca, Spain) (represented by: I. Temiño Ceniceros, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 in Case R 768/2006-1 relating to opposition proceedings between Camper, SL and Calzaturificio Frau SpA

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Calzaturificio Frau SpA to pay the costs. |

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