Judgment of the Court of First Instance of 11 June 2009 - Last Minute Network v OHIM - Last Minute Tour (LAST MINUTE TOUR)

(Joined Cases T-114/07 and T-115/07) ¹

(Community trade mark - Cancellation proceedings - Community figurative mark LAST MINUTE TOUR - Earlier unregistered national mark LASTMINUTE.COM - Relative ground for refusal - Reference to the national law governing the earlier mark - Action for passing off - Article 8(4) and Article 52(1)(c) of Regulation (EC) No 40/94 (now Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009))

Language of the case: English

Parties

Applicant: Last Minute Network Ltd (London, United Kingdom) (represented by: P. Brownlow, Solicitor, and S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis and A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Last Minute SpA (Milan, Italy) (represented by: D. Caneva and G. Locurto, lawyers)

Re:

Two actions brought against the Decisions of the Second Board of Appeal of OHIM of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2), concerning cancellation proceedings between Last Minute Network Ltd and Last Minute Tour SpA.

Operative part of the judgment

The Court:

Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 8 February 2007 (Cases R 256/2006-2 and R 291/2006-2);

Declares that there is no need to adjudicate on the second head of claim of Last Minute Network Ltd;

Orders OHIM to pay the costs incurred by Last Minute Network;

Orders Last Minute Tour SpA to bear its own costs.

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¹ - OJ C 129, 9.6.2007.