Source: EURLEX
Language: en
Format: md

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| 23.10.2010 | EN | Official Journal of the European Union | C 288/55 |

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Action brought on 23 August 2010 — Nike International/OHMI — Deichmann (VICTORY RED)

(Case T-356/10)

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(2010/C 288/103)

Language in which the application was lodged: English

Parties

Applicant: Nike International Ltd (Oregon, U.S.A.) (represented by: M. De Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Deichmann SE (Essen, Germany)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 18 May 2010 in case R 1309/2009-2; |

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| — | Order the defendant to pay the costs of the proceedings, and; |

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| — | Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, should it become an intervening party in this case. |

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark ‘VICTORY RED’, for goods in classes 18 and 28

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration No 30318528 of the word mark ‘Victory’, for goods in classes 18, 25 and 28; International trade mark registration No 819143 of the word mark ‘Victory’, for goods in classes 18, 25 and 28

Decision of the Opposition Division: Upheld the opposition for all of the contested goods and rejected the application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the signs.

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