Action brought on 9 May 2007 - Group Lottuss v OHIM - Ugly (COYOTE UGLY)

(Case T-161/07)

Language in which the application was lodged: Spanish

Parties

Applicant: Group Lottuss Corporation, SL (Barcelona, Spain) (represented by: J. Grau Mora, A. Angulo Lafora, M. Ferrándiz Avendaño and J Arribas García, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: UGLY, INC

Form of order sought

annul (in part) the decision of the Second Board of Appeal of OHIM of 2 March 2007 in so far as that relates to the refusal of the Community trade mark application No 2.428.795 'COYOTE UGLY' by Group Lottuss Corporation, SL

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Group Lottuss Corporation, SL.

Community trade mark concerned: Figurative mark 'COYOTE UGLY' (application No 2.428.795) for goods and services in Classes 9, 41 and 42.

Proprietor of the mark or sign cited in the opposition proceedings: Ugly, Inc.

Mark or sign cited in opposition: Community word mark 'COYOTE UGLY' for goods in Classes 14, 16, 21, 25, 32 and 34, and earlier well-known unregistered word and figurative marks 'COYOTE UGLY' for goods and services in Classes 14, 16, 21, 25, 32, 33, 34, 41 and 42.

Decision of the Opposition Division: Opposition upheld in part, in so far as the Community trade mark application was refused in relation to services in Class 42.

Decision of the Board of Appeal: Annulment of the contested decision, in so far as it rejected the opposition to 'entertainment services, services for discos, night clubs' applied for in Class 41, and rejection of the application for such services.

Pleas in law: Incorrect application of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark.

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