4.4.2009

Official Journal of the European Union

C 82/10

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(Case C-559/08 P)

(2009/C 82/19)

Language of the case: English

Parties

Applicant: Deepak Rajani (Dear!Net Online) (represented by: A. Kockläuner, Rechtsanwalt)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Artoz-Papier AG

Form of order sought

—Set aside in whole the Decision of the Court of First Instance dated 26 November 2008, Case T-l00/06.

—Order OHIM to pay the costs of the proceedings before the Court of Justice.

Pleas in law and main arguments

The appellant submits that the contested judgment should be annulled on the following grounds:

—the Court of First Instance, when rejecting the first plea in law, misinterpreted Article 43 Section 2 and Section 3 of the Community Trademark Regulation (CTMR) in conjunction with Article 4 Section 1 of the Madrid Agreement;

—the Court of First Instance, when rejecting the first plea in law, infringed Article 6 of the Treaty on the European Union (Consolidated Version) as well as Article 6 in connection with Article 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR);

—the Court of First Instance, when rejecting the first plea in law, infringed Article 10 of Directive 89/104 (EC) in conjunction with Article 1 of Directive 89/104 (EC);

—the Court of First Instance, when rejecting the second plea in law, infringed Article 79 CTMR by not taking into account that the opponent acted in bad faith;

—the Court of First Instance, when rejecting the second plea in law, wrongly viewed the trademarks at issue as confusingly similar and thus, infringed Article 8 Section 1 b) CTMR;

—the Court of First Instance, when rejecting the second plea in law, infringed Article 135 Section 4 of the Rules of Procedure of the Court of First Instance by not taking into account the supportive evidence as annexes to the court action before it;

—the Court of First Instance, when rejecting the second plea in law, infringed Articles 49 and 50 in conjunction with Article 220 of the Treaty on European Union (Consolidated Version);

—the Court of First Instance, when rejecting the second plea in law, did not take into account that OHIM misused their power.

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First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, p. 1).

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