Judgment of the Court of First Instance of 11 December 2008 - Tomorrow Focus v OHIM - Information Builders (Tomorrow Focus)
(Community trade mark - Opposition proceedings - Application for Community word mark Tomorrow Focus - Earlier Community figurative mark FOCUS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: German
Parties
Applicant: Tomorrow Focus AG (Munich, Germany) (represented initially by U. Gürtler, then by J. Berlinger)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by G. Schneider, then by G. Schneider and S. Schäffner, agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Information Builders (Netherlands) BV (Amstelveen, Netherlands)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 17 January 2006 (Case R 116/2005-1) relating to opposition proceedings between Information Builders (Netherlands) BV and Tomorrow Focus AG.
Operative part of the judgment
The Court:
1. dismisses the action;
2. orders Tomorrow Focus AG to pay the costs.
____________1 - OJ C 108, 6.5.2006.