Judgment of the General Court of 9 March 2012 - Ella Valley Vineyards v OHIM - HFP (ELLA VALLEY VINEYARDS)
(Case T-32/10)
(Community trade mark - Opposition proceedings - Application for Community figurative mark ELLA VALLEY VINEYARDS - Earlier national and Community trade marks ELLE - Relative ground for refusal - Likelihood of association - Link between the signs - Reputation - No similarity of the signs - Article 8(5) of Regulation (EC) No 207/2009))
Language of the case: French
Parties
Applicant: Ella Valley Vineyards (Adulam) Ltd (Jerusalem, Israel) (represented by: C. de Haas and O. Vanner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hachette Filipacchi Presse (HFP) (Levallois-Perret, France) (represented by: C. Moyou Joly, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 11 November 2009 (Case R 1293/2008-1), relating to opposition proceedings between Hachette Filipacchi Presse (HFP) and Ella Valley Vineyards (Adulam) Ltd.
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 11 November 2009 (Case R 1293/2008-1);
Orders OHIM to bear its own costs and to pay the costs incurred by Ella Valley Vineyards (Adulam) Ltd;
Orders Hachette Filipacchi Presse (HFP) to bear its own costs.
____________1 - OJ C 80, 27.3.2010.