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Joined Cases T-748/17 and T-770/17: Order of the General Court of 24 September 2019 — TrekStor and Beats Electronics v EUIPO — Beats Electronics and TrekStor (iBeat) (EU trade mark — Revocation proceedings — Withdrawal of the application for revocation — No need to adjudicate — Article 137 of the Rules of Procedure of the General Court — Avoidable costs — Article 139(a) of the Rules of Procedure of the General Court)
ECLI:EU:UNKNOWN:62017TB0748
62017TB0748
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Official Journal of the European Union
C 413/54
(Joined Cases T-748/17 and T-770/17) (*)
(EU trade mark - Revocation proceedings - Withdrawal of the application for revocation - No need to adjudicate - Article 137 of the Rules of Procedure of the General Court - Avoidable costs - Article 139(a) of the Rules of Procedure of the General Court)
(2019/C 413/65)
Language of the case: English
Parties
Applicant in Case T-748/17: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, M. Alber and A. Schönfleisch, lawyers)
Applicant in Case T-770/17: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, and I. Fowler, Solicitor)
Defendant: European Union Intellectual Property Office (represented, in Case T-748/17, initially by: E. Markakis and D. Walicka, and subsequently by E. Markakis, A. Söder and H. O’Neill, acting as Agents, and, in Case T-770/17, initially by: A. Söder and D. Walicka, and subsequently by A. Söder, E. Markakis and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-748/17: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, and I. Fowler, Solicitor)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court in Case T-770/17: TrekStor Ltd (Hong Kong, China) (represented by: O. Spieker, M. Alber and A. Schönfleisch, lawyers)
Re:
Actions brought against the decision of the Fourth Board of Appeal of EUIPO of 12 September 2017 (Joined Cases R 2175/2016-4 and R 2213/2016-4), relating to revocation proceedings between Beats Electronics and TrekStor.
Operative part of the order
1.There is no longer any need to adjudicate on the actions.
2.TrekStor Ltd and Beats Electronics LLC shall bear their own respective costs and each pay half of the costs incurred by the European Union Intellectual Property Office (EUIPO).
3.TrekStor and Beats Electronics shall each pay to the Court the sum of EUR 2 500 under Article 139(a) of its Rules of Procedure.
(*) Language of the case: English.