CELEX: C2001/079/44
Language: en
Date: 2001-03-10 00:00:00
Title: Case T-388/00: Action brought on 30 December 2000 by the Institut für Lernsysteme against the Office for Harmonisation in the Internal Market

10.3.2001             EN                     Official Journal of the European Communities                                         C 79/25
Pleas in law and main arguments                                         Proprietor of the right to    The applicant
                                                                        the trade mark or sign
The pleas in law and main arguments are analogous to those              asserted by way of oppo-
relied upon in Case T-379/00.                                           sition in the opposition
                                                                        proceedings:
                                                                        Trade mark or sign            Registered German figurative
                                                                        asserted by way of oppo-      mark ‘ILS’ for ‘educational and
                                                                        sition in the opposition      teaching material (except for
                                                                        proceedings:                  apparatus) in the form of printed
                                                                                                      materials; data carriers of all kind
Action brought on 30 December 2000 by the Institut für                                                with programmes for educational
Lernsysteme against the Office for Harmonisation in the                                               purposes; development and run-
                        Internal Market                                                               ning of correspondence courses’
                                                                                                      in Classes 9, 16 and 41
                        (Case T-388/00)
                                                                        Decision of the Oppo-         Rejection of the opposition
                                                                        sition Division:
                         (2001/C 79/44)
                                                                        Decision of the Board of      Rejection of the opposition
                                                                        Appeal:
                  (Language of the case: English)
                                                                        Grounds of claim:             — infringement of essential for-
An action against the Office for Harmonisation in the Internal                                            mal provisions, e.g. Article 43
Market was brought before the Court of First Instance of the                                              (1) of Council Regulation on
European Communities on 30 December 2000 by the Institut                                                  the Community Trade Mark
für Lernsysteme, Hamburg, represented by Jörg Schneider                                               — misapplication of the prin-
of CMS Hasche Sigle Eschenlohr Peltzer Schäfer, Stuttgart                                                 ciple that the closer the goods
(Germany).                                                                                                and services are to one anoth-
                                                                                                          er, the greater the distance the
A further party to the proceedings before the Board of Appeal                                             marks must observe from one
was ELS Educational Services, Inc., Culver City, California,                                              another
United States.
The applicant claims that the Court should:
—     annul the decision of the Office dated 18.10.2000
      — R 074/2000-3 and reject the registration of the
      Community trade mark 000131276 ‘ELS’;
                                                                        Action brought on 5 January 2001 by Renco S.A. against
—     order the Office to bear the costs.                                             the Council of the European Union
                                                                                                  (Case T-4/01)
Pleas in law and main arguments
                                                                                                 (2001/C 79/45)
Applicant for the Com-        ELS Educational Services, Inc.
munity trade mark:
                                                                                           (Language of the case: French)
The trade mark con-           The verbal mark ‘ELS’ — appli-
cerned:                       cation 131276, relating to ‘edu-
                              cational textbooks and printed            An action against the Council of the European Union was
                              materials, namely student work-           brought before the Court of First Instance of the European
                              books, catalogs, teaching man-            Communities on 5 January 2001 by Renco S.A., established in
                              uals, printed instruction materials       Milan (Italy), represented by Denis Philippe, of the Luxembourg
                              and charts and booklets designed          Bar, and Francesco Apruzzi, of the Brussels Bar.
                              for students seeking to learn
                              English as a second language’ in          The applicant claims that the Court should:
                              Class 16; ‘rendering technical
                              assistance in connection with the         —     order the defendant to pay to the applicant compensation
                              establishment and/or operation of               totalling 6 863 000 euro, together with compensatory
                              language schools’ in Class 35 and               interest with effect from the date of the event giving rise
                              ‘educational services, namely pro-              to the damage — namely, 14 April 2000 — and legal
                              viding English language instruc-                interest from the date of delivery of the judgment,
                              tion’ in Class 41                               composed of: