CELEX: 62009CA0263
Language: en
Date: 2011-07-05 00:00:00
Title: Case C-263/09 P: Judgment of the Court (Grand Chamber) of 5 July 2011 — Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Elio Fiorucci (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 52(2)(a) — Community word mark ELIO FIORUCCI — Application for a declaration of invalidity based on a right to a name under national law — Review by the Court of Justice of the interpretation and application of national law by the General Court — Power of the General Court to alter the decision of the Board of Appeal — Limits)

27.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 252/4
            
         Judgment of the Court (Grand Chamber) of 5 July 2011 — Edwin Co. Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Elio Fiorucci
   (Case C-263/09 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 52(2)(a) - Community word mark ELIO FIORUCCI - Application for a declaration of invalidity based on a right to a name under national law - Review by the Court of Justice of the interpretation and application of national law by the General Court - Power of the General Court to alter the decision of the Board of Appeal - Limits)
   2011/C 252/04
   Language of the case: Italian
   
      Parties
   
   
      Appellant: Edwin Co. Ltd (represented by: D. Rigatti, M. Bertani, S. Verea, K. Muraro and M. Balestriero, avvocati)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto, L. Rampini and J. Crespo Carrillo, Agents), Elio Fiorucci (represented by: A. Vanzetti and A. Colmano, avvocati)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 14 May 2009 in Case T-165/06 Elio Fiorucci v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), by which the Court annulled, in so far as it contains an error of law in the interpretation of Article 8(3) of the Codice della Proprietà Industriale, the decision of the First Board of Appeal of OHIM of 6 April 2006 (Case R 238/2005-1), relating to invalidity and revocation proceedings between Mr Elio Fiorucci and Edwin Co. Ltd.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Dismisses the claim for amendment of the judgment of the Court of First Instance of the European Communities of 14 May 2009 in Case T-165/06 Fiorucci v OHIM — Edwin (ELIO FIORUCCI), submitted by Mr Fiorucci;
            
         
               3.
            
            
               Orders Edwin Co. Ltd and the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) each to bear its own costs and to pay jointly three quarters of the costs of Mr Fiorucci;
            
         
               4.
            
            
               Orders Mr Fiorucci to bear one quarter of his own costs.
            
         
      (1)  OJ C 220, 12.9.2009.