Source: EURLEX
Language: en
Format: md

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| 9.11.2020 | EN | Official Journal of the European Union | C 378/29 |

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Judgment of the General Court of 9 September 2020 — Casual Dreams v EUIPO — López Fernández (Dayaday)

(Case T-50/19) [(1)](#ntr1-C_2020378EN.01002901-E0001)

(EU trade mark - Opposition proceedings - Application for EU figurative mark Dayaday - Earlier national figurative marks DAYADAY and dayaday - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Likelihood of confusion - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) - Reputation - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)

(2020/C 378/34)

Language of the case: Spanish

Parties

Applicant: Casual Dreams, SLU (Manresa, Spain) (represented by: A. B. Padial Martínez, lawyer)

Defendant: European Union Intellectual Property Office (represented by: H. O'Neill, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO: Miguel Ángel López Fernández (Fuensalida, Spain)

Re

Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 November 2018 (Case R 2097/2018-5), relating to opposition proceedings between Casual Dreams and Mr López Fernández.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 16 November 2018 (Case R 2097/2018-5) in so far as it concerns the following goods:   |  |  | | --- | --- | | — | ‘Polarizing spectacles’, ‘Snow goggles’, ‘Cyclists’ glasses’, ‘Goggles for sports’, ‘Swim goggles’, in Class 9; |  |  |  | | --- | --- | | — | ‘Wash cloths’, ‘Textile goods and substitutes for textile goods’, ‘Fabrics’, ‘Textiles, not included in other classes’, in Class 24; | |

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

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| 3. | Orders the parties each to bear their own costs. |

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