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Joined Cases C-581/13 P and C 582/13 P: Judgment of the Court (Eighth Chamber) of 20 November 2014 — Intra-Presse v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Golden Balls Ltd (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Article 8(5) — Word mark GOLDEN BALLS — Opposition by the proprietor of the earlier Community word mark BALLON D’OR — Relevant public — Similarity of the signs — Likelihood of confusion)
ECLI:EU:UNKNOWN:62013CA0581
62013CA0581
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26.1.2015
Official Journal of the European Union
C 26/7
(Joined Cases C-581/13 P and C 582/13 P) (<span class="super">1</span>)
((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Article 8(5) - Word mark GOLDEN BALLS - Opposition by the proprietor of the earlier Community word mark BALLON D’OR - Relevant public - Similarity of the signs - Likelihood of confusion))
(2015/C 026/08)
Language of the case: English
Parties
Appellant: Intra-Presse (represented by: P. Péters, advocaat, and T. de Haan, avocat)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Golden Balls Ltd (represented by: M. Edenborough QC)
Operative part of the judgment
The Court:
1.Sets aside the judgments of the General Court of the European Union in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-448/11, EU:T:2013:456) and in Golden Balls v OHIM — Intra-Presse (GOLDEN BALLS) (T-437/11, EU:T:2013:441) to the extent that they dismissed the two applications for annulment submitted by Intra-Presse SAS;
2.Dismisses the appeals as to the remainder;
3.Annuls point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 22 June 2011 (Case R 1432/2010-1) and point 2 of the operative part of the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 26 May 2011 (Case R 1310/2010-1);
4.Orders Intra-Presse SAS, the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and Golden Balls Ltd to bear their own costs at first instance and on appeal.
(<span class="super">1</span>) OJ C 24, 25.1.2014.