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29.1.2011 |
EN |
Official Journal of the European Union |
C 30/37 |
Judgment of the General Court of 25 November 2010 — Vidieffe v OHIM — Ellis International Group (GOTHA)
(Case T-169/09) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark GOTHA - Earlier Community figurative mark gotcha - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2011/C 30/65
Language of the case: Italian
Parties
Applicant: Vidieffe Srl (Bologna, Italy) (represented by: M. Lamandini, D. De Pasquale and M. Pappalardo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock)
Other party to the proceedings before the Board of Appeal of OHIM: Perry Ellis International Group Holdings, Ltd (Nassau, Bahamas)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 12 February 2009 (Case R 657/2008-1), relating to opposition proceedings between Perry Ellis International Group Holdings, Ltd and Vidieffe Srl.
Operative part of the judgment
The Court:
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1. |
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 February 2009 (Case R 657/2008-1), in so far as it annuls the decision of the Opposition Division, inasmuch as that decision rejected the opposition, first, in respect of ‘[leather and imitations of leather] goods (not included in other classes); trunks and travelling bags; umbrellas, parasols and walking sticks’ in Class 18 and, second, in respect of all the goods in Class 25. |
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2. |
Dismisses the action as to the remainder. |
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3. |
Orders OHIM to bear its own costs and pay those incurred by Vidieffe Srl. |