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Case T-59/24: Judgment of the General Court of 23 October 2024 – BBF Company v EUIPO – Monster Energy (INSOMNIA ENERGY) (EU trade mark – Invalidity proceedings – EU figurative mark INSOMNIA ENERGY – Earlier EU figurative mark MONSTER ENERGY – Relative grounds for invalidity – Damage to reputation – Taking unfair advantage of the distinctive character or repute of the earlier mark – Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62024TA0059
62024TA0059
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Official Journal of the European Union
C series
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C/2024/7347
16.12.2024
(Case T-59/24)
(EU trade mark - Invalidity proceedings - EU figurative mark INSOMNIA ENERGY - Earlier EU figurative mark MONSTER ENERGY - Relative grounds for invalidity - Damage to reputation - Taking unfair advantage of the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001))
(C/2024/7347)
Language of the case: English
Parties
Applicant: BBF Company EOOD (Plovdiv, Bulgaria), authorised to replace Shoqëria Tregtare BBF Company SHPK (represented by: A. Kostov, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Monster Energy Co. (Corona, California, United States) (represented by: L. Junquera Lara, lawyer)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 7 December 2023 (Case R 258/2023-4).
Operative part of the judgment
The Court:
1.Authorises BBF Company EOOD to replace Shoqëria Tregtare BBF Company SHPK as applicant;
2.Dismisses the action;
3.Orders each party to bear its own costs.
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Language of the case: English.
OJ C C/2024/2442, 8.4.2024.
ELI: http://data.europa.eu/eli/C/2024/7347/oj
ISSN 1977-091X (electronic edition)
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