CELEX: 62010TN0356
Language: en
Date: 2010-08-23 00:00:00
Title: Case T-356/10: Action brought on 23 August 2010 — Nike International/OHMI — Deichmann (VICTORY RED)

23.10.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 288/55
            
         
      Action brought on 23 August 2010 — Nike International/OHMI — Deichmann (VICTORY RED)
      (Case T-356/10)
      ()
      (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.