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Case T-699/20: Judgment of the General Court of 21 December 2021 — Fashion Energy v EUIPO — Retail Royalty (1st AMERICAN) (EU trade mark — Opposition proceedings — Application for EU figurative mark 1st AMERICAN — Earlier EU figurative mark representing an eagle or other bird of prey — Relative ground for refusal — Likelihood of confusion — Phonetic similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 72(6) of Regulation 2017/1001 — Article 94(1) of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62020TA0699
62020TA0699
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28.2.2022
Official Journal of the European Union
C 95/32
(Case T-699/20) (1)
(EU trade mark - Opposition proceedings - Application for EU figurative mark 1st AMERICAN - Earlier EU figurative mark representing an eagle or other bird of prey - Relative ground for refusal - Likelihood of confusion - Phonetic similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 72(6) of Regulation 2017/1001 - Article 94(1) of Regulation 2017/1001)
(2022/C 95/43)
Language of the case: English
Parties
Applicant: Fashion Energy Srl (Milan, Italy) (represented by: T. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Retail Royalty Co. (Las Vegas, Nevada, United States) (represented by: J. Bogatz and Y. Stone, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 September 2020 (Case R 426/2020-4), relating to opposition proceedings between Retail Royalty and Fashion Energy.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Fashion Energy Srl to pay the costs.
OJ C 28, 25.1.2021.