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Case T-164/17: Judgment of the General Court of 15 October 2018 — Apple and Pear Australia and Star Fruits Diffusion v EUIPO — Pink Lady America (WILD PINK) (EU trade mark — Opposition proceedings — Application for EU word mark WILD PINK — Earlier EU and national word marks PINK LADY — Earlier EU figurative marks Pink Lady — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62017TA0164
62017TA0164
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3.12.2018
Official Journal of the European Union
C 436/42
(Case T-164/17) (*)
((EU trade mark - Opposition proceedings - Application for EU word mark WILD PINK - Earlier EU and national word marks PINK LADY - Earlier EU figurative marks Pink Lady - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001)))
(2018/C 436/59)
Language of the case: English
Parties
Applicants: Apple and Pear Australia Ltd (Victoria, Australia) and Star Fruits Diffusion (Le Pontet, France) (represented by: T. de Haan, P. Péters and H. Abraham, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Pink Lady America LLC (Yakima, Washington, United States) (represented initially by: R. Manno and S. Travaglio, and subsequently by R. Manno, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 January 2017 (Case R 87/2015-4), relating to opposition proceedings between Apple and Pear Australia and Star Fruits Diffusion, on the one hand, and Pink Lady America, on the other.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 January 2017 (Case R 87/2015-4);
2.Orders EUIPO to bear its own costs and to pay half the costs incurred by Apple and Pear Australia Ltd and Star Fruits Diffusion, including half the costs necessarily incurred by them for the purposes of the proceedings before the Board of Appeal of EUIPO;
3.Orders Pink Lady America LLC to bear its own costs and to pay half the costs incurred by Apple and Pear Australia Ltd and Star Fruits Diffusion, including half the costs necessarily incurred by them for the purposes of the proceedings before the Board of Appeal of EUIPO.
(*)
Language of the case: English
OJ C 144, 8.5.2017.