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Case T-356/10: Judgment of the General Court of 28 September 2011 — Nike International v OHIM — Deichmann (VICTORY RED) (Community trade mark — Opposition proceedings — Application for registration of the Community word mark VICTORY RED — Earlier international and national word marks Victory — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62010TA0356
62010TA0356
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12.11.2011
Official Journal of the European Union
C 331/19
(Case T-356/10) (<span class="super">1</span>)
(Community trade mark - Opposition proceedings - Application for registration of the Community word mark VICTORY RED - Earlier international and national word marks Victory - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
2011/C 331/36
Language of the case: English
Parties
Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Deichmann SE (Essen, Germany)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009-2) concerning opposition proceedings between Deichmann SE and Nike International Ltd.
Operative part of the judgment
The General Court:
1.Dismisses the action;
2.Orders Nike International Ltd to pay the costs.
(<span class="super">1</span>) OJ C 288, 23.10.2010.