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Case T-50/19: Judgment of the General Court of 9 September 2020 — Casual Dreams v EUIPO — López Fernández (Dayaday) (EU trade mark — Opposition proceedings — Application for EU figurative mark Dayaday — Earlier national figurative marks DAYADAY and dayaday — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — Likelihood of confusion — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) — Reputation — Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
ECLI:EU:UNKNOWN:62019TA0050
62019TA0050
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Official Journal of the European Union
C 378/29
(Case T-50/19) (*)
(EU trade mark - Opposition proceedings - Application for EU figurative mark Dayaday - Earlier national figurative marks DAYADAY and dayaday - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Likelihood of confusion - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001) - Reputation - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark)
(2020/C 378/34)
Language of the case: Spanish
Parties
Applicant: Casual Dreams, SLU (Manresa, Spain) (represented by: A. B. Padial Martínez, lawyer)
Defendant: European Union Intellectual Property Office (represented by: H. O'Neill, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Miguel Ángel López Fernández (Fuensalida, Spain)
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 16 November 2018 (Case R 2097/2018-5), relating to opposition proceedings between Casual Dreams and Mr López Fernández.
Operative part of the judgment
The Court:
—‘Polarizing spectacles’, ‘Snow goggles’, ‘Cyclists’ glasses’, ‘Goggles for sports’, ‘Swim goggles’, in Class 9;
—‘Wash cloths’, ‘Textile goods and substitutes for textile goods’, ‘Fabrics’, ‘Textiles, not included in other classes’, in Class 24;
3. Orders the parties each to bear their own costs.
(*)
Language of the case: Spanish
ECLI:EU:C:2020:378
* * *
(*) Language of the case: Spanish.