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Document 62013TN0717
Case T-717/13: Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
Case T-717/13: Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
Case T-717/13: Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
OJ C 71, 8.3.2014, p. 23–24
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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8.3.2014 |
EN |
Official Journal of the European Union |
C 71/23 |
Action brought on 27 December 2013 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
(Case T-717/13)
(2014/C 71/43)
Language in which the application was lodged: English
Parties
Applicant: Chair Entertainment Group LLC (Utah, United States of America) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonization in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Libelle AG (Stuttgart, Germany)
Form of order sought
The applicant claims that the Court should:
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Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 1 October 2013 given in Case R 776/2011-2; |
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Order the defendant to bear the costs of proceedings. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘SHADOW COMPLEX’ for goods and services in Class 9 — Community trade mark application No 8 235 434
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The word mark ‘DBShadow’ for goods and services in Classes 9 et 42 — Community trade mark registration No 1 457 944, the word mark ‘BusinessShadow’ for goods and services in Classes 9 et 42 — Community trade mark registration No 3 749 439, the German word mark ‘BusinessShadow’ for goods and services in Classes 9 et 42 and the German word mark ‘FSShadow’ for goods and services in Classes 9 et 42
Decision of the Opposition Division: Upheld the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) CTMR