Judgment of the General Court of 8 November 2018 — Mad Dogg Athletics v EUIPO — Aerospinning Master Franchising (SPINNING)
(Case T-718/16) 1
(EU trade mark — Revocation proceedings — EU word mark SPINNING — Partial revocation — Article 51(1)(b) of Regulation (EC) No 207/2009 (now Article 58(1)(b) of Regulation (EU) 2017/1001))
Language of the case: English
Parties
Applicant: Mad Dogg Athletics, Inc. (Los Angeles, California, United States) (represented by: J. Steinberg, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Aerospinning Master Franchising, s.r.o., formerly Aerospinning Master Franchising, Ltd., s.r.o. (Prague, Czech Republic) (represented by: K. Labalestra, lawyer)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 21 July 2016 (Case R 2375/2014-5), relating to revocation proceedings between Aerospinning Master Franchising and Mad Dogg Athletics.
Operative part of the judgment
The Court:
Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 21 July 2016 (Case R 2375/2014-5) in so far as it concerns the goods in Class 28 and the services in Class 41 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 15 June 1957, as revised and amended;
Orders EUIPO to bear its own costs and to pay those incurred by Mad Dogg Athletics, Inc.;
Orders Aerospinning Master Franchising, s.r.o. to bear its own costs.
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1 OJ C 462, 12.12.2016.