Source: EURLEX
Language: en
Format: md

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| 29.1.2018 | EN | Official Journal of the European Union | C 32/40 |

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Action brought on 24 November 2017 — Beats Electronics v EUIPO — TrekStor (i.Beat)

(Case T-770/17)

(2018/C 032/54)

Language in which the application was lodged: English

Parties

Applicant: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, I. Fowler and I. Junkar, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: TrekStor Ltd (Hong-Kong, Hong-Kong)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark ‘i.Beat’ — EU trade mark No 5 009 139

Procedure before EUIPO: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 September 2017 in Joined Cases R 2175/2016-4 and R 2213/2016-4

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision in so far as it dismissed the Applicant’s appeal recorded under number R 2175/2016-4 and allowed the Contested Mark to remain registered for MP3-players, in particular based on USB flash memory with mini hard discs; |

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| — | order that the costs of the proceedings be borne by the Defendant and by the other party to the proceedings before the Board of Appeal if it joins as intervener. |

Pleas in law

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| — | Infringement of Article 51(a) and (2) of Regulation No 207/2009 read in conjunction with Article 15 of Regulation No 207/2009; |

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| — | Infringement of Article 75 of Regulation No. 207/2009. |

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