CELEX: 62016TN0085
Language: en
Date: 2016-02-17 00:00:00
Title: Case T-85/16: Action brought on 17 February 2016 — Shoe Branding Europe v EUIPO — adidas (Position of two parallel stripes on a shoe)

18.4.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 136/39
            
         Action brought on 17 February 2016 — Shoe Branding Europe v EUIPO — adidas (Position of two parallel stripes on a shoe)
   (Case T-85/16)
   (2016/C 136/54)
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by: J. Løje, lawyer)
   
      Defendant: European Union Intellectual Property Office (EUIPO)
   
      Other party to the proceedings before the Board of Appeal: adidas AG (Herzogenaurach, Germany)
   
      Details of the proceedings before EUIPO
   
   
      Applicant of the trade mark at issue: Applicant
   
      Trade mark at issue: EU position mark consisting of two parallel lines positioned on the outside surface of the upper part of a shoe — Application for registration No 10 477 701
   
      Procedure before EUIPO: Opposition proceedings
   
      Contested decision: Decision of the Second Board of Appeal of EUIPO of 26 November 2015 in Case R 3106/2014-2
   
      Form of order sought
   
   The applicant claims that the Court should:
   
      principally:
   
   
               —
            
            
               annul the contested decision;
            
         
               —
            
            
               order EUIPO to pay the costs;
            
         
      in the alternative:
   
   
               —
            
            
               remit the case to the Defendant ordering a renewed examination independent of the judgment of the General Court in case No. T-145/14;
            
         
      in the second alternative:
   
   
               —
            
            
               remit the case to the Defendant ordering a stay of the proceedings on the outcome of the Applicant’s appeal of the General Court’s decision in case No. T-145/14 to the Court of Justice of the European Union, case No. C-396/15 P, and on delivery of a judgment from the Court of Justice of the European Union in said case to conduct its own evaluation of the similarities and differences between the marks to be compared.
            
         
      Pleas in law
   
   
               —
            
            
               the Defendant erred in not making its own assessment of the similarities and differences between the Applicant’s disputed mark and the earlier mark of the Opponent registered under EU trade mark No 3 517 646;
            
         
               —
            
            
               the Defendant erred in finding that the conditions under Article 8(5) of Regulation No 207/2009 were fulfilled.