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Case T-399/20: Judgment of the General Court of 14 July 2021 — Cole Haan v EUIPO — Samsøe & Samsøe Holding (Ø) (EU trade mark — Opposition proceedings — Application for EU figurative mark Ø — Earlier international figurative mark φ — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62020TA0399
62020TA0399
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Valentina R., lawyer
30.8.2021
Official Journal of the European Union
C 349/35
(Case T-399/20) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark Ø - Earlier international figurative mark φ - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2021/C 349/49)
Language of the case: English
Parties
Applicant: Cole Haan LLC (Greenland, New Hampshire, United States) (represented by: G. Vos, lawyer)
Defendant: European Union Intellectual Property Office (represented by: T. Frydendahl and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Samsøe & Samsøe Holding A/S (Copenhagen, Denmark) (represented by: C. Jardorf, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 April 2020 (Case R 1375/2019-4) relating to opposition proceedings between Samsøe & Samsøe Holding and Cole Haan.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Cole Haan LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO);
3.Orders Samsøe & Samsøe Holding A/S to bear its own costs.
(*) Language of the case: English.
(1) OJ C 271, 17.8.2020.