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8.11.2008 |
EN |
Official Journal of the European Union |
C 285/36 |
Judgment of the Court of First Instance of 24 September 2008 — Oakley v OHIM — Venticinque (O STORE)
(Case T-116/06) (1)
(Community trade mark - Invalidity proceedings - Community word mark O STORE - Earlier national word mark THE O STORE - Comparison of services provided in connection with retail trade with corresponding goods - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 40/94 - Application for alteration made by the intervener - Article 134(3) of the Rules of Procedure of the Court of First Instance)
(2008/C 285/64)
Language of the case: English
Parties
Applicant: Oakley, Inc. (One Icon, Foothill Ranch, United States) (represented by: M. Huth-Dierig and M. Nentwig, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Venticinque Ltd (Hailsham, East Sussex, United Kingdom) (represented by: D. Caneva, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Joined Cases R 682/2004-1 and R 685/2004-1) concerning invalidity proceedings between Venticinque Ltd and Oakley, Inc.
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Oakley, Inc., to pay the costs, except those incurred by the intervener; |
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3. |
Orders Venticinque Ltd to pay its own costs. |