Action brought on 26 November 2014 – Ugly v OHIM – Group Lottuss (COYOTE UGLY)
(Case T-778/14)
Language in which the application was lodged: English
Parties
Applicant: Ugly, Inc. (New York, United States) (represented by: T. St Quintin, Barrister, K. Gilbert and C. Mackey, Solicitors)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Group Lottuss Corp., SL (Barcelona, Spain)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘COYOTE UGLY’ – Community trade mark application No 1 226 198
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 16 September 2014 in Case R 1369/2013-5
Form of order sought
The applicant claims that the Court should:
Annul the decisions of the Opposition Division and of the Board of Appeal and remit the opposition back to the Opposition Division for reconsideration;
Order the other party to the proceedings before the Board of Appeal to pay the costs of proceedings.
Plea in law
Infringement of Articles 8(1), 8(2) and 8(4) of Regulation No 207/2009.