Source: EURLEX
Language: en
Format: md

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| 12.1.2015 | EN | Official Journal of the European Union | C 7/34 |

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Judgment of the General Court of 19 November 2014 — Out of the blue v OHIM — Dubois and Another (FUNNY BANDS)

(Case T-344/13)[(1)](#ntr1-C_2015007EN.01003401-E0001)

((Community trade mark - Opposition proceedings - Application for the Community word mark FUNNY BANDS - Earlier national trade name FUNNY BANDS - Earlier national Internet domain name ‘www.funny-bands.com’ - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Use of a sign in the course of trade of more than mere local significance - Article 76(2) of Regulation No 207/2009 - Rejection of the opposition))

(2015/C 007/37)

Language of the case: English

Parties

Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)

Other parties to the proceedings before the Board of Appeal of OHIM: Frédéric Dubois (Lasne, Belgium) and Another

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 4 April 2013 (Case R 542/2012-2), relating to opposition proceedings between Out of the blue KG and Mr Frédéric Dubois and Another.

Operative part of the judgment

The Court:

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| 1) | Dismisses the action; |

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| 2) | Orders Out of the blue KG to pay the costs. |

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