Judgment of the Court of First Instance of 15 September 2009 — Parfums Christian Dior v OHIM — Consolidated Artists (MANGO adorably)

(Case T-308/08) (1)

(Community trade mark - Opposition proceedings - Application for Community figurative mark MANGO adorably - Earlier national and international word marks J’ADORE and ADIORABLE - Relative grounds for refusal - Likelihood of confusion - Risk of unfair advantage being taken of the repute of the earlier marks - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

2009/C 256/47

Language of the case: French

Parties

Applicant: Parfums Christian Dior (Paris, France) (represented by: F. de Visscher, E. Cornu and D. Moreau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Bianchi, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Consolidated Artists BV (Rotterdam, Netherlands) (represented by: S. Bénoliel-Claux, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 May 2008 (Case R 1162/2007-2) relating to opposition proceedings between Parfums Christian Dior and Consolidated Artists BV

Operative part of the judgment

The Court:

(1)  OJ C 260, 11.10.2008.