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Case C-51/09 P: Appeal brought on 3 February 2009 by Barbara Becker against the judgment of the Court of First Instance (First Chamber) delivered on 2 December2008 in Case T-212/07 Harman International Industries, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
ECLI:EU:UNKNOWN:62009CN0051
62009CN0051
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4.4.2009
Official Journal of the European Union
C 82/20
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(Case C-51/09 P)
(2009/C 82/36)
Language of the case: English
Parties
Appellant: Barbara Becker (represented by: P. Baronikians, A. Hofstetter, Rechtsanwälte)
Other parties to the proceedings: Harman International Industries, Inc., Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
The appellant claims that the Court should order:
—annulment of § 1 of the Court of First Instance's decision of 2 December 2008 (Case T-212/07), by which the decision of the First Board of Appeal of 7 March 2007 (Case R-502/2006-1) was annulled;
—annulment of § 3 of the Court of First Instance's decision of 2 December 2008;
—order that the defendant pays the appellant's costs incurred in the entire proceedings.
Pleas in law and main arguments
The appellant submits that the Court of First Instance erred in finding that there was similarity between the trademark ‘Barbara Becker’ applied for by the appellant and the defendant's mark ‘BECKER’, and therefore misapplied article 8(1)(b) CTMR in concluding that there was likelihood of confusion.
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