CELEX: 62007TA0114
Language: en
Date: 2009-06-11 00:00:00
Title: Joined Cases T-114/07 and T-115/07: Judgment of the Court of First Instance of 11 June 2009 — Last Minute Network v OHIM — Last Minute Tour (LAST MINUTE TOUR) (Community trade mark — Cancellation proceedings — Community figurative mark LAST MINUTE TOUR — Earlier unregistered national mark LASTMINUTE.COM — Relative ground for refusal — Reference to the national law governing the earlier mark — Action for passing off — Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))

1.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 180/45
            
         Judgment of the Court of First Instance of 11 June 2009 — Last Minute Network v OHIM — Last Minute Tour (LAST MINUTE TOUR)
   (Joined Cases T-114/07 and T-115/07) (1)
   
   (Community trade mark - Cancellation proceedings - Community figurative mark LAST MINUTE TOUR - Earlier unregistered national mark LASTMINUTE.COM - Relative ground for refusal - Reference to the national law governing the earlier mark - Action for passing off - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))
   2009/C 180/83
   Language of the case: English
   
      Parties
   
   
      Applicant: Last Minute Network Ltd (London, United Kingdom) (represented by: P. Brownlow, Solicitor, and S. Malynicz, Barrister)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and A. Folliard-Monguiral, acting as Agents)
   
      Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Last Minute SpA (Milan, Italy) (represented by: D. Caneva and G. Locurto, lawyers)
   
      Re:
   
   Two actions brought against the Decisions of the Second Board of Appeal of OHIM of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2), concerning cancellation proceedings between Last Minute Network Ltd and Last Minute Tour SpA.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2);
            
         
               2.
            
            
               Declares that there is no need to adjudicate on the second head of claim of Last Minute Network Ltd;
            
         
               3.
            
            
               Orders OHIM to pay the costs incurred by Last Minute Network;
            
         
               4.
            
            
               Orders Last Minute Tour SpA to bear its own costs.
            
         
      (1)  OJ C 129, 9.6.2007.