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Case T-770/17: Action brought on 24 November 2017 — Beats Electronics v EUIPO — TrekStor (i.Beat)
ECLI:EU:UNKNOWN:62017TN0770
62017TN0770
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Valentina R., lawyer
29.1.2018
EN
Official Journal of the European Union
C 32/40
(Case T-770/17)
(2018/C 032/54)
Language in which the application was lodged: English
Parties
Applicant: Beats Electronics LLC (Culver City, California, United States) (represented by: M. Petersenn, lawyer, I. Fowler and I. Junkar, Solicitors)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: TrekStor Ltd (Hong-Kong, Hong-Kong)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘i.Beat’ — EU trade mark No 5 009 139
Procedure before EUIPO: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 12 September 2017 in Joined Cases R 2175/2016-4 and R 2213/2016-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as it dismissed the Applicant’s appeal recorded under number R 2175/2016-4 and allowed the Contested Mark to remain registered for MP3-players, in particular based on USB flash memory with mini hard discs;
—order that the costs of the proceedings be borne by the Defendant and by the other party to the proceedings before the Board of Appeal if it joins as intervener.
Pleas in law
—Infringement of Article 51(a) and (2) of Regulation No 207/2009 read in conjunction with Article 15 of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No. 207/2009.