CELEX: 62012TN0285
Language: en
Date: 2012-06-28 00:00:00
Title: Case T-285/12: Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)

8.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 273/13
            
         Action brought on 28 June 2012 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)
   (Case T-285/12)
   2012/C 273/22
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: The Cartoon Network, Inc. (Wilmington, United States) (represented by: I. Starr, Solicitor)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Boomerang TV, SA (Madrid, Spain)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 April 2012 in case R 699/2011-2; and
            
         
               —
            
            
               Order the defendant to pay to the applicant, the applicant’s costs of and occasioned by this appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The word mark ‘BOOMERANG’ for services in classes 38 and 41
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited in opposition: Community trade mark registration No 1160050 of the figurative mark ‘Boomerang TV’, for services in class 41
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009.