Order of the Court of First Instance of 16 December 2008 - Gaedertz v OHIM - Living Byte Software (GlobalRemote)
(Community trade mark - Application for a declaration of invalidity - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)
Language of the case: German
Parties
Applicant: Johann-Christoph Gaedertz (Frankfurt am Main, Germany) (represented by: E.M. Gerstenberg, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Living Byte Software GmbH (Munich, Germany) (represented by: A. Freifrau von Welser, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 25 April 2007 (Case R 272/2005-4) relating to invalidity proceedings between Mr Johann-Christoph Gaedertz and Living Byte Software GmbH
Operative part of the order
1. There is no longer any need to adjudicate on the action.
2. The applicant and the intervener are ordered to bear their own costs.
3. The applicant is ordered to pay the defendant's costs.
____________1 - OJ C 183, 4.8.2007.