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Case T-31/20: Judgment of the General Court of 28 April 2021 — West End Drinks v EUIPO — Pernod Ricard (The King of SOHO) (EU trade mark — Opposition proceedings — Application for EU figurative mark The King of SOHO — Earlier EU word mark SOHO — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)

ECLI:EU:UNKNOWN:62020TA0031

62020TA0031

April 28, 2021
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Official Journal of the European Union

C 242/33

(Case T-31/20) (*)

(EU trade mark - Opposition proceedings - Application for EU figurative mark The King of SOHO - Earlier EU word mark SOHO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2021/C 242/44)

Language of the case: French

Parties

Applicant: West End Drinks Ltd (London, United Kingdom) (represented by: C. Hawkes, Solicitor, C. Hall, Barrister, and B. Niemann Fadani, lawyer)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pernod Ricard (Paris, France) (represented by: T. de Haan, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 16 October 2019 (Case R 1543/2018-1), relating to opposition proceedings between Pernod Ricard and West End Drinks.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Dismisses the cross-claim as inadmissible;

3.With regard to the main action, orders West End Drinks Ltd to bear its own costs and to pay the costs incurred, in the context of the present proceedings, by the European Union Intellectual Property Office (EUIPO) and Pernod Ricard;

4.With regard to the cross-claim, orders Pernod Ricard to bear its own costs and to pay the costs incurred by EUIPO, and orders West End Drinks to bear its own costs.

*

Language of the case: French.

(1) OJ C 87, 16.3.2020.

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