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Case T-32/10: Judgment of the General Court of 9 March 2012 — Ella Valley Vineyards v OHIM — HFP (ELLA VALLEY VINEYARDS) (Community trade mark — Opposition proceedings — Application for Community figurative mark ELLA VALLEY VINEYARDS — Earlier national and Community trade marks ELLE — Relative ground for refusal — Likelihood of association — Link between the signs — Reputation — No similarity of the signs — Article 8(5) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62010TA0032
62010TA0032
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Valentina R., lawyer
28.4.2012
Official Journal of the European Union
C 126/14
(Case T-32/10)(1)
(Community trade mark - Opposition proceedings - Application for Community figurative mark ELLA VALLEY VINEYARDS - Earlier national and Community trade marks ELLE - Relative ground for refusal - Likelihood of association - Link between the signs - Reputation - No similarity of the signs - Article 8(5) of Regulation (EC) No 207/2009)
2012/C 126/27
Language of the case: French
Parties
Applicant: Ella Valley Vineyards (Adulam) Ltd (Jerusalem, Israel) (represented by: C. de Haas and O. Vanner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hachette Filipacchi Presse (HFP) (Levallois-Perret, France) (represented by: C. Moyou Joly, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2009 (Case R 1293/2008-1), relating to opposition proceedings between Hachette Filipacchi Presse (HFP) and Ella Valley Vineyards (Adulam) Ltd.
Operative part of the judgment
The Court:
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 11 November 2009 (Case R 1293/2008-1);
2.Orders OHIM to bear its own costs and to pay the costs incurred by Ella Valley Vineyards (Adulam) Ltd;
3.Orders Hachette Filipacchi Presse (HFP) to bear its own costs.
(1)
OJ C 80, 27.3.2010.
* Language of the case: French.