CELEX: C2003/007/40
Language: en
Date: 2003-01-11 00:00:00
Title: Case T-318/02: Action brought on 11 October 2002 by H.O. Sports Company, Inc. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

11.1.2003              EN                        Official Journal of the European Communities                                           C 7/19
                                                          COURT OF FIRST INSTANCE
       ORDER OF THE COURT OF FIRST INSTANCE                                 European Communities (Agents: L. Visaggio and A. Dal Ferro)
                                                                            — application for annulment of Commission Regulation (EC)
                      of 25 September 2002                                  No 896/2001 of 7 may 2001 laying down detailed rules for
                                                                            applying Council Regulation (EEC) No 404/93 as regards the
                                                                            arrangements for importing bananas into the Community (OJ
in Case T-178/01: Di Leonardo Adriano SRL v Com-
                                                                            2001 L 126, p. 19) — the Court of First Instance (Fifth
           mission of the European Communities (1)
                                                                            Chamber), composed of J.D. Cooke, President, and R. García-
                                                                            Valdecasas and P. Lindh, Judges; H. Jung, Registrar, made an
(Bananas — Regulation No 896/2001 — Action for annul-                       order on 25 September 2002, in which it:
    ment — Person individually concerned — Admissibility)
                           (2003/C 7/38)                                    1.    Held the action to be inadmissible.
                    (Language of the case: Italian)                         2.    Ordered the applicant to bear the whole of the costs.
                                                                            (1 ) OJ C 289 of 13.10.01.
In Case T-178/01: Di Leonardo Adriano SRL, represented by
A. Bozzi, C. Gatti and B. Telchini, lawyers, against Commission
of the European Communities (Agents: L. Visaggio and A. Dal
Ferro) — application for annulment of Commission Regulation
(EC) No 896/2001 of 7 may 2001 laying down detailed rules
for applying Council Regulation (EEC) No 404/93 as regards
the arrangements for importing bananas into the Community
(OJ 2001 L 126, p. 19) — the Court of First Instance (Fifth
Chamber), composed of J.D. Cooke, President, and R. García-                 Action brought on 11 October 2002 by H.O. Sports
Valdecasas and P. Lindh, Judges; H. Jung, Registrar, made an                Company, Inc. against the Office for Harmonisation in
order on 25 September 2002, in which it:                                           the Internal Market (Trade Marks and Designs)
1.    Held the action to be inadmissible;
                                                                                                      (Case T-318/02)
2.    Ordered the applicant to bear the whole of the costs.
                                                                                                       (2003/C 7/40)
( 1) OJ C 289 of 13.10.01.
                                                                                               (Language of the case: English)
                                                                            An action against the Office for Harmonisation in the Internal
       ORDER OF THE COURT OF FIRST INSTANCE                                 Market (Trade Marks and Designs) was brought before the
                                                                            Court of First Instance of the European Communities on
                      of 25 September 2002                                  11 October 2002 by H.O. Sports Company, Inc., Redmond,
                                                                            Washington, U.S.A., represented by Mr Fabrizio Jacobacci,
in Case T-179/01: Dilexport SRL v Commission of the                         lawyer.
                   European Communities ( 1)
                                                                            The applicant claims that the Court should:
(Bananas — Regulation No 896/2001 — Action for annul-
    ment — Person individually concerned — Admissibility)
                                                                            —     amend the decision of 17 July 2002 (File No. R 140/
                                                                                  2002-3) of the Third Board of Appeal of the Office for
                           (2003/C 7/39)
                                                                                  Harmonisation in the Internal Market (Trade Marks
                                                                                  and Designs) and allow the Community Trade Mark
                    (Language of the case: Italian)                               Application to proceed to registration in connection with
                                                                                  the following goods:
In Case T-179/01: Dilexport SRL, represented by A. Bozzi,                         —     ‘backpacks; travel bags; duffel bags for practice of
C. Gatti and B. Telchini, lawyers, against Commission of the                            wakeboard’ in international class 18;
 ---pagebreak--- C 7/20                 EN                      Official Journal of the European Communities                                        11.1.2003
      —     ‘sportswear, jackets; T-shirts, sweatshirts, polo shirts,     Grounds of claim:               The decision is contradictory in
            volley shorts, training shorts and short pants; swim-                                         that although the Board of Appeal
            ming suits; hats; wet suits; wet suit boots; dry suits;                                       recognises that all the different
            water ski boots; water ski vests, water ski gloves;                                           observations and documents filed
            spray legs, all meant to be used for the practice of                                          by the H.O. Sports, Inc. in their
            wakeboard’ in international class 25;                                                         entirety constantly refer to the
                                                                                                          particular market of wakeboard,
                                                                                                          it sustains that acquired distinc-
                                                                                                          tiveness under Article 7 (3) of
      —     ‘water sport tow ropes, water sport tow handles;                                              Regulation No. 40/94 (1) has been
            water sport tow floats; inflatable tubes for rec-                                             established for certain goods only.
            reational use in water; towable water toys designed
            to carry a rider; wake boards; wake board bindings;
            wake board fins; water skis; trick water skis; jump
                                                                          (1 ) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-
            skis; water ski bindings; adjustable ski fins; water ski           munity trade mark (OJ L 11, p. 1).
            boat tow harnesses; water ski gloves; knee boards;
            water sport boards; water sport gear bags; water ski,
            wakeboard and knee board bags; water sport goods;
            dampers for use with water skis; wake boards to
            limit vibration and adjust flex, all meant to be used
            for the practice of wakeboard’ in international
            class 28.
                                                                          Action brought on 11 October 2002 by H.O. Sports Inc.
—     order the defendant to pay the costs, fees and disburse-            against the Office for Harmonisation in the Internal
      ments of this case and of the previous proceedings and                             Market (Trade Marks and Designs)
      appeals before OHIM Examination Division and the Third
      Board of Appeal respectively.
                                                                                                   (Case T-319/02)
                                                                                                     (2003/C 7/41)
                                                                                             (Language of the case: English)
Pleas in law and main arguments
                                                                          An action against the Office for Harmonisation in the Internal
                                                                          Market (Trade Marks and Designs) was brought before the
The trade mark con-             The word mark ‘HYPERLITE’ —               Court of First Instance of the European Communities on
cerned:                         application No 997122                     11 October 2002 by H.O. Sports Inc., Redmond, Washington,
                                                                          U.S.A., represented by Mr Fabrizio Jacobacci, lawyer.
Goods or service con-           Goods in classes 18, 25 and 28
cerned:                                                                   The applicant claims that the Court should:
                                                                          —     amend the decision of 17 July 2002 (File No. R 140/
Decision          contested     Refusal of registration by the                  2002-3) of the Third Board of Appeal of the Office for
before the Board of             examiner                                        Harmonisation in the Internal Market (Trade Marks
Appeal:                                                                         and Designs) and allow the Community Trade Mark
                                                                                Application to proceed to registration in connection with
                                                                                the following goods:
Decision of the Board of        Annulment of the decision of the
Appeal:                         examiner in so far as it rejects                —     ‘backpacks; travel bags; duffel bags for practice of
                                registration of the application for                   wakeboard’ in international class 18;
                                ‘wakeboards, wakeboard bind-
                                ings; wakeboard fins; wakeboard                 —     ‘sportswear, jackets; T-shirts, sweatshirts, polo shirts,
                                bags; dampers for use with wake                       volley shorts, training shorts and short pants; swim-
                                boards to limit vibration and                         ming suits; hats; wet suits; wet suit boots; dry suits;
                                adjust flex’, all in class 28, and                    water ski boots; water ski vests, water ski gloves;
                                dismissal of the appeal for the                       spray legs, all meant to be used for the practice of
                                remainder.                                            wakeboard’ in international class 25;