CELEX: C2001/134/39
Language: en
Date: 2001-05-05 00:00:00
Title: Judgment of the Court of First Instance of 31 January 2001 in Case T-136/99: Taurus-Film GmbH & Co v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (Community trade mark — Term CINE COMEDY — Absolute grounds for refusal — Article 7(1)(c) of Regulation (EC) No 40/94)

C 134/18                EN                      Official Journal of the European Communities                                           5.5.2001
Bar, with an address for service in Luxembourg at the offices                    —    cultural activities; organisation and conducting of shows,
of Société de Gestion Fiduciaire SARL, 13 Avenue du Bois, v                           quizzes and musical events and conducting competitions
European Parliament (Agents: J. Schoo, H. von Hertzen,                                in the entertainment field, with a view to their broadcast-
D. Moore and D. Waelbroeck) — application, first, for                                 ing either at a subsequent time or live on radio or
annulment of the decisions of the Parliament not to appoint the                       television; production of television and radio advertising
applicants to the post of Director-General of the Directorate-                        broadcasts including associated prize game broadcasts;
General for Finance and Financial Control and of the decision                         organising competitions in the entertainment field; organ-
appointing another candidate to that post and, second, for                            ising concerts, theatre events and variety shows, all falling
damages — the Court of First Instance (Fifth Chamber),                                under Class 41;
composed of: R. Garcı́a-Valdecasas, President, and P. Lindh
and J.D. Cooke, Judges; H. Jung, Registrar, has given a judgment                 —    management and exploitation of copyright and industrial
on 16 January 2001, in which it:                                                      property rights for others; technical consultancy in the
                                                                                      field of multimedia, interactive television and Pay TV (in
1.    Dismisses the actions;                                                          so far as included in Class 42); computer programming,
                                                                                      including video and computer games, all falling under
2.    Orders the parties to bear their own costs.                                     Class 42;
(1) OJ C 246 of 28.8.1999 and OJ C 265 of 18.9.1999.                       2.    Dismisses the appeal as to the remainder;
                                                                           3.    Orders the parties to bear their own costs.
                                                                           (1) OJ C 246 of 28.8.99.
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 31 January 2001
in Case T-135/99: Taurus-Film GmbH & Co v Office for
Harmonisation in the Internal Market (Trade Marks and
                        Designs) (OHIM) (1)                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
(Community trade mark — Term CINE ACTION — Absol-                                                  of 31 January 2001
ute grounds for refusal — Article 7(1)(c) of Regulation (EC)
                             No 40/94)                                     in Case T-136/99: Taurus-Film GmbH & Co v Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
                          (2001/C 134/38)                                                          Designs) (OHIM) (1)
                   (Language of the case: German)                          (Community trade mark — Term CINE COMEDY —
                                                                           Absolute grounds for refusal — Article 7(1)(c) of Regulation
In Case T-135/99: Taurus-Film GmbH & Co, established                                                  (EC) No 40/94)
in Unterföhring (Germany), represented by R. Schneider,
Rechtsanwalt, Bremen, with an address for service in Luxem-                                          (2001/C 134/39)
bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —                                      (Language of the case: German)
application for annulment of the decision of the Third Board
of Appeal of the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) of 19 March 1999 (Case                    In Case T-136/99: Taurus-Film GmbH & Co, established
R 98/98-3), concerning the registration of the term CINE                   in Unterföhring (Germany), represented by R. Schneider,
ACTION as a Community trade mark — the Court of First                      Rechtsanwalt, Bremen, with an address for service in Luxem-
Instance (Second Chamber), composed of: J. Pirrung, President,             bourg at the Chambers of M. Loesch, 11 Rue Goethe, against
A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,              Office for Harmonisation in the Internal Market (Trade Marks
for the Registrar, has given a judgment on 31 January 2001,                and Designs) (OHIM) (Agents: D. Schennen and S. Bonne) —
in which it:                                                               application for annulment of the decision of the Third Board
                                                                           of Appeal of the Office for Harmonisation in the Internal
1.    Annuls the decision of the Third Board of Appeal of the Office       Market (Trade Marks and Designs) of 19 March 1999 (Case
      for Harmonisation in the Internal Market (Trade Marks and            R 97/98-3), concerning the registration of the term CINE
      Designs) of 19 March 1999 (Case R 98/98-3) in so far as it           COMEDY as a Community trade mark — the Court of First
      concerns the following services:                                     Instance (Second Chamber), composed of: J. Pirrung, President,
                                                                           A. Potocki and A.W.H. Meij, Judges; G. Herzig, Administrator,
      —    allocation and transfer of rights of access for users of        for the Registrar, has given a judgment on 31 January 2001,
           various communication networks, falling under Class 38;         in which it:
 ---pagebreak--- 5.5.2001                EN                      Official Journal of the European Communities                                        C 134/19
1.    Annuls the decision of the Third Board of Appeal of the Office       selection board of 21 June 1999 confirming that initial
      for Harmonisation in the Internal Market (Trade Marks and            decision following a re-examination thereof and, second, of all
      Designs) of 19 March 1999 (Case R 97/98-3) in so far as it           subsequent steps taken and measures adopted in the said
      concerns the following services:                                     competition — the Court of First Instance (Single Judge:
                                                                           A.W.H. Meij); J. Palacio González, Administrator, for the
      —    allocation and transfer of rights of access for users of        Registrar, has given a judgment on 17 January 2001, in which
           various communication networks, falling under Class 38;         it:
      —    cultural activities; organisation and conducting of shows,      1.    Dismisses the application;
           quizzes and musical events and conducting competitions
           in the entertainment field, with a view to their broadcast-     2.    Orders the parties to bear their own costs.
           ing either at a subsequent time or live on radio or
           television; production of television and radio advertising
           broadcasts including associated prize game broadcasts;          (1) OJ C 333 of 20.11.1999.
           organising competitions in the entertainment field; organ-
           ising concerts, theatre events and variety shows, all falling
           under Class 41;
      —    management and exploitation of copyright and industrial
           property rights for others; technical consultancy in the
           field of multimedia, interactive television and Pay TV (in
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
           so far as included in Class 42); computer programming,
           including video and computer games, all falling under
           Class 42;                                                                              of 31 January 2001
2.    Dismisses the appeal as to the remainder;                            in Case T-193/99: Wm. Wrigley Jr. Company v Office for
                                                                           Harmonisation in the Internal Market (Trade Marks and
3.    Orders the parties to bear their own costs.                                                 Designs) (OHIM) (1)
(1) OJ C 246 of 28.8.99.                                                   (Community trade mark — Term DOUBLEMINT — Absol-
                                                                           ute ground for refusal — Article 7(1)(c) of Regulation (EC)
                                                                                                        No 40/94)
                                                                                                     (2001/C 134/41)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   (Language of the case: English)
                        of 17 January 2001                                 In Case T-193/99: Wm. Wrigley Jr. Company, established in
                                                                           Chicago, Illinois, United States of America, represented by
                                                                           M. Kinkeldey, Rechtsanwalt, Munich, 58 Maximilianstraße,
in Case T-189/99: Ioannis Gerochristos v Commission of                     Munich, Germany, against Office for Harmonisation in the
                 the European Communities (1)                              Internal Market (Trade Marks and Designs) (OHIM) (Agents:
                                                                           V. Melgar and S. Laitinen) — application for annulment of the
(Competition COM/A/12/98 — Action for annulment —                          decision of the First Board of Appeal of the Office for
Pre-selection tests — Retroactive cancellation of certain                  Harmonisation in the Internal Market (Trade Marks and
multiple-choice questions — Principle of equal treatment of                Designs) of 16 June 1999 (Case R 216/1998-1) concerning
candidates — Obligation to provide a statement of reasons)                 the registration of the term DOUBLEMINT as a Community
                                                                           trade mark — the Court of First Instance (Second Chamber),
                          (2001/C 134/40)                                  composed of: J. Pirrung, President, A. Potocki and A.W.H. Meij,
                                                                           Judges; B. Pastor, Principal Administrator, for the Registrar,
                                                                           has given a judgment on 31 January 2001, in which it:
                    (Language of the case: Greek)
                                                                           1.    Annuls the decision of the First Board of Appeal of the Office
                                                                                 for Harmonisation in the Internal Market (Trade marks and
In Case T-189/99: Ioannis Gerochristos, residing in Thessaloni-
                                                                                 Designs) of 16 June 1999 (Case R 216/1998-1);
ki (Greece), represented by N. Korogiannakis, of the Athens
Bar, with an address for service in Luxembourg at the offices
                                                                           2.    Orders the defendant to pay the costs.
of Brown Holding SA, 310 Route d’Esch, v Commission of the
European Communities (Agents: G. Valsesia and M. Condou
Durande) — application for annulment, first, of the decision               (1) OJ C 333 of 20.11.99.
of 30 April 1999 of the selection board in competition
COM/A/12/98 excluding the applicant from the tests sub-
sequent to the pre-selection test and of the decision of that