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Case T-200/20: Judgment of the General Court of 14 June 2023 — Stone Brewing v EUIPO — Molson Coors Brewing Company (UK) (STONE BREWING) (EU trade mark — Opposition proceedings — Application for EU word mark STONE BREWING — Earlier EU word mark STONES — Relative ground for refusal — Genuine use of the earlier mark — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62020TA0200
62020TA0200
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31.7.2023
Official Journal of the European Union
C 271/22
(Case T-200/20) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark STONE BREWING - Earlier EU word mark STONES - Relative ground for refusal - Genuine use of the earlier mark - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2023/C 271/32)
Language of the case: English
Parties
Applicant: Stone Brewing Co. LLC (Escondido, California, United States) (represented by: M. Kloth, R. Briske and D. Habel, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Hanf, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Molson Coors Brewing Company (UK) Ltd (Burton Upon Trent, United Kingdom) (represented by G. Orchison, Solicitor, and J. Abrahams KC)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 January 2020 (Case R 1524/2018-4).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Stone Brewing Co. LLC to bear its own costs and to pay the costs incurred by Molson Coors Brewing Company (UK) Ltd;
3.Orders the European Union Intellectual Property Office (EUIPO) to bear its own costs.
(*)
Language of the case: English
ECLI:EU:C:2025:140