CELEX: C2004/021/88
Language: en
Date: 2004-01-24 00:00:00
Title: Case T-384/03: Action brought on 17 November 2003 by Reti Televisive Italiane — RTI against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

C 21/44                 EN                          Official Journal of the European Union                                       24.1.2004
Finally, the applicant submits that in calculating the                      Pleas in law and main arguments
countervailing duty, the defendant infringed Articles 5 and 7
of Regulation 2026/97, the Guidelines on the calculation of
the amount of the subsidy in countervailing duty proceedings,               Applicant for regis-         Europortal Italia SpA, succeeded
Articles 14 and 19 of the WTO Agreement on Subsidies and                    tration of the Com-          by the applicant.
Countervailing Measures, and committed a manifest error of                  munity trade mark:
assessment.
                                                                            Community trade mark         Word mark ‘Jumpy’ — regis-
                                                                            sought:                      tration application No 1.332.006,
(1) OJ L 212 of 22 August 2003, p. 1.                                                                    registration sought in respect of a
(2) Council Regulation (EC) No 2026/97 of 6 October 1997 on                                              number of goods in Classes 9 and
    protection against subsidized imports from countries not mem-
    bers of the European Community (OJ L 288, p. 1).
                                                                                                         16.
(3) See recital 48 and following of the contested decision.
                                                                            Proprietor of mark or        Microarea SpA.
                                                                            sign cited in the oppo-
                                                                            sition proceedings:
                                                                            Mark or sign cited in        Italian word mark ‘Jump’ for
                                                                            opposition:                  goods in Classes 9 and 16.
                                                                            Decision of the Oppo-        Opposition upheld and appli-
Action brought on 17 November 2003 by Reti Televisive                       sition Division:             cation rejected.
Italiane — RTI against the Office for Harmonisation in
  the Internal Market (Trade Marks and Designs) (OHIM)
                                                                            Decision of the Board of     Appeal dismissed.
                                                                            Appeal:
                           (Case T-384/03)
                                                                            Pleas in law:                Misapplication of Article 8(1)(b)
                                                                                                         of Regulation No 40/94 (‘likeli-
                            (2004/C 21/88)                                                               hood of confusion’).
                    (Language of the case: Italian)
An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
17 November 2003 by Reti Televisive Italiane — RTI, rep-                    Action brought on 25 November 2003 by Proteome, Inc
resented by Giorgio Floridia and Raffaella Floridia, lawyers.               against the Office for Harmonisation in the Internal
                                                                                     Market (Trade Marks and Designs) (OHIM)
Microarea SpA was also a party to the proceedings before the
Board of Appeal.                                                                                    (Case T-387/03)
The applicant claims that the Court should:                                                          (2004/C 21/89)
—     annul the decision of 11 September 2003 of the First
      Board of Appeal; or                                                                     (Language of the case: English)
—     in the alternative, interpret the decision of the Opposition
      Division No 2637/2002 of 30 August 2002 on Oppo-
      sition No B321994 to the effect that it does not preclude             An action against the Office for Harmonisation in the Internal
      the valid registration of the trade mark ‘Jumpy’ to                   Market (Trade Marks and Designs) (OHIM) was brought before
      distinguish it from the similarly-named Internet portal;              the Court of First Instance of the European Communities on
                                                                            25 November 2003 by Proteome, Inc., Beverley, Massachu-
—     make an order pursuant to Article 87(2) of the Rules of               setts, USA, represented by Dr Michael Edenborough, Barrister,
      Procedure requiring the defendant, as the unsuccessful                Mr Cerryg Jones, Ms Alexandra Brodie and Ms Carina Loweth
      party, to pay the costs.                                              Solicitors.