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Case T-344/13: Judgment of the General Court of 19 November 2014 — Out of the blue v OHIM — Dubois and Another (FUNNY BANDS) (Community trade mark — Opposition proceedings — Application for the Community word mark FUNNY BANDS — Earlier national trade name FUNNY BANDS — Earlier national Internet domain name ‘www.funny-bands.com’ — Relative ground for refusal — Article 8(4) of Regulation (EC) No 207/2009 — Use of a sign in the course of trade of more than mere local significance — Article 76(2) of Regulation No 207/2009 — Rejection of the opposition)
ECLI:EU:UNKNOWN:62013TA0344
62013TA0344
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12.1.2015
Official Journal of the European Union
C 7/34
(Case T-344/13) (<span class="super">1</span>)
((Community trade mark - Opposition proceedings - Application for the Community word mark FUNNY BANDS - Earlier national trade name FUNNY BANDS - Earlier national Internet domain name ‘www.funny-bands.com’ - Relative ground for refusal - Article 8(4) of Regulation (EC) No 207/2009 - Use of a sign in the course of trade of more than mere local significance - Article 76(2) of Regulation No 207/2009 - Rejection of the opposition))
(2015/C 007/37)
Language of the case: English
Parties
Applicant: Out of the blue KG (Lilienthal, Germany) (represented by: G. Hasselblatt and D. Kipping, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Pohlmann, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Frédéric Dubois (Lasne, Belgium) and Another
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 4 April 2013 (Case R 542/2012-2), relating to opposition proceedings between Out of the blue KG and Mr Frédéric Dubois and Another.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Out of the blue KG to pay the costs.
(<span class="super">1</span>) OJ C 260, 7.9.2013.