CELEX: C2007/211/50
Language: en
Date: 2007-09-08 00:00:00
Title: Case C-320/07 P: Appeal brought on 11 July 2007 by Antartica Srl against the judgment of the Court of First Instance (Fourth Chamber) delivered on 10 May 2007 in Case T-47/06: Antartica Srl v Office for Harmonisation in the Internal Market (Trade marks and Designs)

8.9.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 211/27
            
         Appeal brought on 11 July 2007 by Antartica Srl against the judgment of the Court of First Instance (Fourth Chamber) delivered on 10 May 2007 in Case T-47/06: Antartica Srl v Office for Harmonisation in the Internal Market (Trade marks and Designs)
   (Case C-320/07 P)
   (2007/C 211/50)
   Language of the case: English
   Parties
   
      Appellant: Antartica Srl (represented by: E. Racca, avvocati and A. Fusillo, avvocato)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), The Nasdaq Stock Market, Inc.
   Form of order sought
   The appellant claim that the Court should:
   
               —
            
            
               annul the decision by the Second Board of Appeal
            
         
               —
            
            
               order the defendant to pay costs
            
         Pleas in law and main arguments
   The appellant submits that the Court of First Instance's interpretation of Article 8 (5) of Regulation 40/94 (1) is inconsistent with the current definition of trademark notoriety subsequent to case C-372/97 General Motors.
   
      (1)  OJ L 11, p. 1.