Official Journal of the European Union

C 44/32

(Case T-372/17) (*)

((EU trade mark - Invalidity proceedings - EU figurative mark LV POWER ENERGY DRINK - Earlier EU figurative mark LV - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) - Article 53(1)(a) of Regulation No 207/2009 (now Article 60(1)(a) of Regulation 2017/1001) - Article 75 of Regulation No 207/2009 (now Article 94 of Regulation 2017/1001) - Earlier decisions of EUIPO recognising the reputation of the earlier trade mark))

(2019/C 44/41)

Language of the case: English

Parties

Applicant: Louis Vuitton Malletier (Paris, France) (represented by: P. Roncaglia, G. Lazzeretti, F. Rossi and N. Parrotta, lawyers)

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

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Bee-Fee Group Ltd (Nicosia, Cyprus) (represented by: L. Karpierz, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 March 2017 (Case R 906/2016-4), relating to invalidity proceedings between Louis Vuitton Malletier and Bee-Fee Group.

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 29 March 2017 (Case R 906/2016-4);

2.Orders EUIPO to bear its own costs and to pay one half of the costs incurred by Louis Vuitton Malletier;

3.Orders Bee-Fee Group Ltd to bear its own costs and to pay one half of the costs incurred by Louis Vuitton Malletier.

(*)

Language of the case: English

(OJ C 256, 7.8.2017)

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