14.5.2011

Official Journal of the European Union

C 145/12

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(Case C-100/11 P)

2011/C 145/17

Language of the case: English

Parties

Appellants: Helena Rubinstein SNC, L'Oréal SA (represented by: A. von Mühlendahl, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Allergan, Inc.

Form of order sought

The appellants claim that the Court should:

—annul the judgment of the General Court of 16 November 2010 in joined cases T-345/08 and T-357/08;

—to dismiss the appeals filed by Allergan, Inc. against the decisions of the Office's Cancellation Division of 28 March 2007 in Case 1118 C (Helena Rubinstein SNC, BOTOLIST) and 4 April 2007 in Case 1120 C (L'Oréal SA, BOTOCYL);

—to order the Office to bear the costs of the proceedings before the Court of Justice and before the General Court, as well as the costs of the proceedings before the Office's Board of Appeal.

Pleas in law and main arguments

The appellants submit that the contested judgment should be annulled on the following grounds:

That the General Court violated Article 52 (1) CTMR in conjunction with Article 8 (5) CTMR in deciding that the Office was justified in finding that the earlier marks relied on by Allergan, Inc. had reputation and that the use of the contested registrations would take unfair advantage of or be detrimental to the distinctiveness or the reputation of the earlier marks.

That the General Court violated Article 115 CTMR in conjunction with Article 1 Rule 38 (2) of Commission Regulation (EC) No 2868/95 in taking into account evidence which was not submitted in the language of the proceedings.

That the General Court violated Article 63 CTMR in reviewing and confirming the contested decisions according to erroneous legal standards.

That the General Court violated Articles 73 CTMR in deciding that the contested decisions were not vitiated by absence of sufficient reasons.

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Language of the case: English

OJ L 011, p. 1.

OJ L 303, p. 1

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