CELEX: C2002/131/37
Language: en
Date: 2002-06-01 00:00:00
Title: Case T-58/02: Action brought on 25 February 2002 by Kabushiki Kaisha Kenwood against the Office for Harmonisation in the Internal Market — A further party to the proceedings before the Board of Appeal was Karstadt Quelle Aktiengesellschaft

1.6.2002               EN                      Official Journal of the European Communities                                      C 131/19
Action brought on 26 February 2002 by Brasserie Jules                     The applicant claims that the Court should:
Simon & Cie against the Commission of the European
                           Communities
                                                                          —     annul the contested decision no. R0612/1999-2,
                          (Case T-50/02)
                                                                          —     order the defendant to pay the costs.
                         (2002/C 131/36)
                    (Language of the case: French)
                                                                          Pleas in law and main arguments
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 February 2002 by Brasserie
Jules Simon & Cie, established at Wiltz (Luxembourg), rep-                Applicant for the Com-        Kabushiki Kaisha Kenwood (also
resented by Alexandre Carnelutti and Jerry Mosar, lawyers.                munity trade mark:            trading as Kenwood Corporation)
The applicant claims that the Court should:                               The Community trade           The word mark ‘DualMags’ for
                                                                          mark concerned:               goods in classes 9, 37 and 38.
—     annul Article 1 of the Commission’s decision of 5 Decem-
      ber 2001 in Case COMP/37800/F3 — Brasseries Luxem-                  Proprietor of the right to    Karstadt Quelle Aktiengesellschaft
      bourgeoises, in so far as it finds that the applicant has           the trade mark or sign
      infringed Article 81(1) of the Treaty;                              asserted by way of oppo-
                                                                          sition in the opposition
—     in any event, annul Article 2 of the decision in so far as it       proceedings:
      imposes a fine on the applicant, or alternatively reduce
      that fine substantially;
                                                                          Trade mark or sign            The national German word mark
—     order the Commission to pay the costs.                              asserted by way of oppo-      ‘Dual’ for certain goods in class 9.
                                                                          sition in the opposition
                                                                          proceedings:
Pleas in law and main arguments
                                                                          Decision of the Oppo-         Partial rejection of the Com-
                                                                          sition Division:              munity trade mark application
The pleas in law and main arguments are similar to those put                                            because of likelihood of confusion
forward in Case T-49/02.                                                                                for certain goods in class 9.
                                                                          Decision of the Board of      Dismissal of the appeal by the
                                                                          Appeal:                       applicant for the Community tra-
                                                                                                        de mark.
Action brought on 25 February 2002 by Kabushiki Kaisha
Kenwood against the Office for Harmonisation in the                       Grounds of claim:             Violation of Article 8.1 (b) of
                         Internal Market                                                                Council Regulation 40/94 (1) since
                                                                                                        there is no risk of confusion.
                                                                                                        According to the applicant, the
A further party to the proceedings before the Board of                                                  word ‘dual’ should be considered
       Appeal was Karstadt Quelle Aktiengesellschaft                                                    as a descriptive complement to the
                                                                                                        distinctive trade mark ‘Mags’. The
                          (Case T-58/02)                                                                opposing mark should further be
                                                                                                        considered as a weak trade mark
                         (2002/C 131/37)                                                                due to its descriptive nature and
                                                                                                        the word ‘dual’ is a common
                   (Language of the case: English)                                                      element in several trade marks.
An action against the Office for Harmonisation in the Internal            (1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
Market was brought before the Court of First Instance of the                  Community trade mark (OJ L 11, 1994, p. 1).
European Communities on 25 February 2002 by Kabushiki
Kaisha Kenwood, represented by Mr Emiliano Garayar Gutiér-
rez, Mr Joaquı́n Garcı́a-Romanillos Valverde and Ms Anna
Garcı́a Castillo of Gómez-Acebo & Pombo, Brussels (Belgium).