CELEX: C2003/171/60
Language: en
Date: 2003-07-19 00:00:00
Title: Case T-153/03: Action brought on 18 April 2003 by Inex N.V. against the Office for Harmonisation in the Internal Market

C 171/36              EN                         Official Journal of the European Union                                         19.7.2003
Action brought on 18 April 2003 by Inex N.V. against the                 Decision of the Board of      Dismissal of the applicant’s appeal
      Office for Harmonisation in the Internal Market                    Appeal:
                        (Case T-153/03)                                  Pleas in law:                 Infringement of the concept of
                                                                                                       the likelihood of confusion as
                                                                                                       interpreted by the Court of Justice
                        (2003/C 171/60)                                                                in the light of:
                                                                                                       —     the identity of the goods;
                  (Language of the case: French)
                                                                                                       —     the similarity between the
                                                                                                             mark against which the
                                                                                                             opposition was directed and
An action against the Office for Harmonisation in the Internal                                               the dominant and distinctive
Market (Trade Marks and Designs) (OHIM) was brought before                                                   element of the first mark;
the Court of First Instance of the European Communities on
                                                                                                       —     the fact that the goods are
18 April 2003 by Inex N.V., represented by Thierry van Innis,
                                                                                                             targeted at the general public
lawyer.
                                                                                                             for everyday use
Robert Wiseman & Sons Limited, Glasgow (United Kingdom)
was also a party to the proceedings before the Second Board
of Appeal.
The applicant claims that the Court should:
—     annul the decision handed down by the Second Board of
      Appeal of the defendant on 4 February 2003 in Case R               Action brought on 24 April 2003 by Michael Cwik against
      106/2001-2;                                                              the Commission of the European Communities
—     order the defendant to pay the costs.
                                                                                                  (Case T-155/03)
                                                                                                  (2003/C 171/61)
Pleas in law and main arguments
Applicant for Com-           Robert Wiseman & Sons Limited,                                 (Language of the case: French)
munity trade mark            Glasgow (United Kingdom)
Community trade mark         Figurative mark composed of the
sought                       graphic representation of a cow-
                             hide in black and white — appli-            An action against the Commission of the European Communi-
                             cation no. 132, 134, filed for              ties was brought before the Court of First Instance of the
                             goods and services in classes 29,           European Communities on 24 April 2003 by Michael Cwik,
                             32 and 39 (in particular: milk,             residing in Tervuren (Belgium), represented by Nicolas Lhoëst,
                             milk beverages, milk products,              lawyer.
                             dairy products, cream and yogh-
                             urt)
                                                                         The applicant claims that the Court should:
Proprietor of mark or        The plaintiff
sign cited in the oppo-
sition proceedings:                                                      —     annul the decision of the Secretary General of 13 June
                                                                               2002 confirming, without amendment, the applicant’s
Proprietor of mark or        Composite Benelux trade mark                      staff report for the period running from 1 July 1995 to
sign                         no 580 538 comprising in part a                   30 June 1997;
                             graphic representation of a cow-
                             hide in black and white registered
                                                                         —     order the defendant to pay the applicant EUR 15 000 by
                             for goods in classes 29 and 30
                                                                               way of damages;
Decision of the Oppo-        Rejection of the opposition
sition Division:                                                         —     order the defendant to pay the costs.