Judgment of the Court of First Instance of 10 December 2008 — Dada v OHIM

(Case T-101/07) (1)

(Community trade mark - Opposition proceedings - Application for a figurative Community trade mark DADA - Earlier national word mark DADA - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Genuine use of the earlier trade mark - Article 43(2) and (3) of Regulation (EC) No 40/94)

(2009/C 32/56)

Language of the case: Italian

Parties

Applicant: Dada SpA (Florence, Italy) (represented by: D. Caneva and G. Locurto, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Sempio, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Dada Srl (Udine, Italy) (represented by: M. Cartella and M. Fazzini, lawyers)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 12 January 2007 (Case R 1342/2005-1) relating to opposition proceedings between Dada Srl and Dada SpA.

Operative part of the judgment

The Court:

(1)  OJ C 129, 9.6.2007.