Source: EURLEX
Language: en
Format: md

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| 9.9.2019 | EN | Official Journal of the European Union | C 305/46 |

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Judgment of the General Court of 12 July 2019 — Fashion Energy v EUIPO — Retail Royalty (1st AMERICAN)

(Case T-54/18) [(1)](#ntr1-C_2019305EN.01004601-E0001)

(EU trade mark - Opposition proceedings - Application for EU figurative mark 1st AMERICAN - Earlier EU figurative mark representing an eagle - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Audi alteram partem rule - Article 95(1) of Regulation 2017/1001 - Cross claim)

(2019/C 305/54)

Language of the case: English

Parties

Applicant: Fashion Energy Srl (Milan, Italy) (represented by: T. Müller and F. Togo, lawyers)

Defendant: European Union Intellectual Property Office (represented by: L. Rampini and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Retail Royalty Co. (Las Vegas, Nevada, USA) (represented by: M. Dick, Solicitor, and J. Bogatz, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of EUIPO of 15 November 2017 (Case R 693/2017-2), relating to opposition proceedings between Retail Royalty and Fashion Energy.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 15 November 2017 (Case R 693/2017-2); |

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| 2. | Dismisses the cross-claim as inadmissible; |

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| 3. | In the main appeal, EUIPO and Retail Royalty Co. are ordered to bear their own costs and to each bear half of the costs incurred by Fashion Energy Srl. |

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| 4. | In the cross-claim, Retail Royalty is ordered to bear its own costs and those incurred by Fashion Energy and EUIPO. |

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