CELEX: 62008TA0059
Language: en
Date: 2010-12-07 00:00:00
Title: Case T-59/08: Judgment of the General Court of 7 December 2010 — Nute Partecipazioni and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC) (Community trade mark — Invalidity proceedings — Community word mark NIMEI LA PERLA MODERN CLASSIC — Earlier national figurative marks la PERLA — Relative ground for refusal — Injury to reputation — Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))

29.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 30/34
            
         Judgment of the General Court of 7 December 2010 — Nute Partecipazioni and La Perla v OHIM — Worldgem Brands (NIMEI LA PERLA MODERN CLASSIC)
   (Case T-59/08) (1)
   
   (Community trade mark - Invalidity proceedings - Community word mark NIMEI LA PERLA MODERN CLASSIC - Earlier national figurative marks la PERLA - Relative ground for refusal - Injury to reputation - Article 8(5) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009))
   2011/C 30/59
   Language of the case: Italian
   
      Parties
   
   
      Applicants: Nute Partecipazioni SpA, formerly Gruppo La Perla SpA (Bologna, Italy); and La Perla Srl (Bologna) (represented by: R. Morresi and A. Dal Ferro, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: L. Rampini, and subsequently by O. Montalto, Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Worldgem Brands Srl, formerly Worldgem Brands — Gestão e Investimentos Lda (Creazzo, Italy) (represented by: V. Bilardo, M. Mazzitelli and C. Bacchini, lawyers)
   
      Re:
   
   Action brought against the decision of the Second Board of Appeal of OHIM of 19 November 2007 (Case R 537/2004-2) concerning invalidity proceedings between Nute Partecipazioni SpA and Worldgem Brands Srl.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 19 November 2007 (Case R 537/2004-2) in so far as it dismissed the application for a declaration of invalidity and ordered Nute Partecipazioni SpA to bear its own costs;
            
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders OHIM to bear its own costs together with 90 % of the costs of Nute Partecipazioni and of La Perla Srl before the Court and all the costs of Nute Partecipazioni before the Board of Appeal;
            
         
               4.
            
            
               Orders Nute Partecipazioni and La Perla to bear 10 % of their own costs before the Court;
            
         
               5.
            
            
               Orders Worldgem Brands Srl to bear its own costs.
            
         
      (1)  OJ C 92, 12.4.2008.