CELEX: 62013TN0717
Language: en
Date: 2013-12-27 00:00:00
Title: Case T-717/13: Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)

8.3.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 71/23
            
         
      Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
      (Case T-717/13)
      (2014/C 71/43)
      Language in which the application was lodged: English
      
         Parties
      
      
         Applicant: Chair Entertainment Group LLC (Utah, United States of America) (represented by: E. Armijo Chávarri, lawyer)
      
         Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
      
         Other party to the proceedings before the Board of Appeal: Libelle AG (Stuttgart, Germany)
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 1 October 2013 given in Case R 776/2011-2;
               
            
                  —
               
               
                  Order the defendant to bear the costs of proceedings.
               
            
         Pleas in law and main arguments
      
      
         Applicant for a Community trade mark: The applicant
      
         Community trade mark concerned: The word mark ‘SHADOW COMPLEX’ for goods and services in Class 9 — Community trade mark application No 8 235 434
      
         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 in opposition: The word mark ‘DBShadow’ for goods and services in Classes 9 et 42 — Community trade mark registration No 1 457 944, the word mark ‘BusinessShadow’ for goods and services in Classes 9 et 42 — Community trade mark registration No 3 749 439, the German word mark ‘BusinessShadow’ for goods and services in Classes 9 et 42 and the German word mark ‘FSShadow’ for goods and services in Classes 9 et 42
      
         Decision of the Opposition Division: Upheld the opposition
      
         Decision of the Board of Appeal: Dismissed the appeal
      
         Pleas in law: Infringement of Article 8(1)(b) CTMR