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Case T-8/17: Judgment of the General Court of 17 October 2018 — Golden Balls v EUIPO — Les Éditions P. Amaury (GOLDEN BALLS) (EU trade mark — Opposition proceedings — Application for EU word mark GOLDEN BALLS — Earlier EU word mark BALLON D’OR — Relative ground for refusal — Unfair advantage taken of the distinctive character or repute of the earlier mark — Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62017TA0008
62017TA0008
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3.12.2018
Official Journal of the European Union
C 436/39
(Case T-8/17) (*)
((EU trade mark - Opposition proceedings - Application for EU word mark GOLDEN BALLS - Earlier EU word mark BALLON D’OR - Relative ground for refusal - Unfair advantage taken of the distinctive character or repute of the earlier mark - Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EU) 2017/1001)))
(2018/C 436/54)
Language of the case: French
Parties
Applicant: Golden Balls Ltd (London, United Kingdom) (represented by: M. Edenborough QC, M. Hawkins, Solicitor, and T. Dolde, lawyer)
Defendant: European Union Intellectual Property Office (represented initially by D. Botis, and subsequently by S. Pétrequin and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Les Éditions P. Amaury (Boulogne-Billancourt, France) (represented by: T. de Haan, P. Péters and M. Laborde, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of EUIPO of 30 September 2016 (Case R 1962/2015-1), relating to opposition proceedings between Intra-Presse and Ms Inez Samarawira.
Operative part of the judgment
The Court:
1.Annuls the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 30 September 2016 (Case R 1962/2015-1) in so far as it upheld the opposition with regard to ‘Slot machines, for use in combination with a screen, scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; photographic, cinematographic and optical apparatus and instruments, recording discs, data processing equipment and computers, computer hardware, mouse-mats, mobile phone accessories, sunglasses’ in Class 9, ‘decorations for Christmas trees’ in Class 28 and ‘theatre production such as shows and theatrical performances, production of musicals, organisation of music events/concerts’ in Class 41;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
*
(*) Language of the case: French.