Judgment of the General Court of 16 July 2014 — Erreà Sport v OHIM — Facchinelli (ANTONIO BACIONE)
(Case T-36/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark ANTONIO BACIONE — Earlier Community figurative mark erreà and earlier national figurative mark representing two overlapping lozenges — Relative grounds for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Unfair advantage taken of the distinctive character or the repute of the earlier mark — Article 8(5) of Regulation No 207/2009)
Language of the case: Italian
Parties
Applicant: Erreà Sport SpA (Torrile, Italy) (represented by: D. Caneva and G. Fucci, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Antonio Facchinelli (Dalang, China)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 24 October 2012 (Case R 1561/2011-1) concerning opposition proceedings between Erreà Sport SpA and Antonio Facchinelli.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Erreà Sport SpA to pay the costs.
________________________1 OJ C 79, 16.3.2013.