Judgment of the General Court of 30 June 2015 — National Lottery Commission v OHIM — Mediatek Italia and De Gregorio (Community figurative mark representing a hand)
(Case T-404/10 RENV) 1
(Community trade mark — Invalidity proceedings — Community figurative mark representing a hand — Article 53(2)(c) of Regulation (EC) No 207/2009 — Existence of earlier copyright protected by national law — Burden of proof — Application by OHIM of national law)
Language of the case: English
Parties
Applicant: Gambling Commission, formerly National Lottery Commission (Birmingham, United Kingdom) (represented by: R. Cardas, lawyer, and B. Brandreth, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)
Other parties to the proceedings before the Board of Appeal of OHIM: Mediatek Italia Srl (Naples, Italy), Giuseppe De Gregorio (Naples)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 1028/2009-1) relating to invalidity proceedings between, on the one hand, Mediatek Italia Srl and Giuseppe De Gregorio and, on the other, the National Lottery Commission.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 (Case R 1028/2009-1);
Orders OHIM to pay the costs.
____________1 OJ C 328, 4.12.2010.