CELEX: 62008TA0308
Language: en
Date: 2009-09-15 00:00:00
Title: Case T-308/08: Judgment of the Court of First Instance of 15 September 2009 — Parfums Christian Dior v OHIM — Consolidated Artists (MANGO adorably) (Community trade mark — Opposition proceedings — Application for Community figurative mark MANGO adorably — Earlier national and international word marks J’ADORE and ADIORABLE — Relative grounds for refusal — Likelihood of confusion — Risk of unfair advantage being taken of the repute of the earlier marks — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

24.10.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 256/26
            
         Judgment of the Court of First Instance of 15 September 2009 — Parfums Christian Dior v OHIM — Consolidated Artists (MANGO adorably)
   (Case T-308/08) (1)
   
   (Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
   2009/C 256/47
   Language of the case: French
   
      Parties
   
   
      Applicant: Parfums Christian Dior (Paris, France) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Bianchi, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Consolidated Artists BV (Rotterdam, Netherlands) (represented by: S. Bénoliel-Claux, lawyer)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007-2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Parfums Christian Dior to pay the costs.
            
         
      (1)  OJ C 260, 11.10.2008.