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Case T-459/17: Judgment of the General Court of 6 December 2018 — Fifth Avenue Entertainment v EUIPO — Commodore Entertainment (THE COMMODORES) (EU trade mark — Opposition proceedings — Application for EU word mark ‘THE COMMODORES’ — Unregistered earlier sign ‘Commodores’ — Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) — Relative ground for refusal — Reference to the national law governing the earlier mark — Action for passing off)
ECLI:EU:UNKNOWN:62017TA0459
62017TA0459
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25.2.2019
Official Journal of the European Union
C 72/29
(Case T-459/17) (*)
((EU trade mark - Opposition proceedings - Application for EU word mark ‘THE COMMODORES’ - Unregistered earlier sign ‘Commodores’ - Article 8(4) of Regulation (EC) No 207/2009 (now Article 8(4) of Regulation (EU) 2017/1001) - Relative ground for refusal - Reference to the national law governing the earlier mark - Action for passing off))
(2019/C 72/37)
Language of the case: English
Parties
Applicant: Fifth Avenue Entertainment LLC (Orlando, Florida, United States) (represented by: B. Brandreth, Barrister, and D. Cañadas Arcas, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. O’Neill and S. Bonne, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Commodore Entertainment Corp. (Saint Paul, Minnesota, United States) (represented by: J. Mellor QC and J. Whelan, Solicitor)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 22 May 2017 (Case R 851/2016-5), relating to opposition proceedings between Commodore Entertainment and Fifth Avenue Entertainment.
Operative part of the judgment
The Court:
1.Annuls the Decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 22 May 2017 (Case R 851/2016-5);
2.Orders EUIPO to bear its own costs and to pay those incurred by Fifth Avenue Entertainment LLC;
3.Orders Commodore Entertainment Corp. to bear its own costs.
(*)
Language of the case: English.
* * *