Judgment of the General Court of 1 June 2018 — Casual Dreams v EUIPO — López Fernández (Dayaday)
(Case T-900/16) 1
(European Union trade mark — Opposition proceedings — Application for EU figurative mark Dayaday — Earlier national figurative marks DAYADAY and dayaday — Relative ground for refusal — Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Reputation — Advantage unfairly taken of the distinctive character or the repute of the earlier trade mark)
Language of the case: Spanish
Parties
Applicant: Casual Dreams, SLU (Manresa, Spain) (represented by: A. Tarí Lázaro, lawyer)
Defendant: European Union Intellectual Property Office (represented by: initially by S. Palmero Cabezas, and subsequently by J. Crespo Carillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Miguel Ángel López Fernández (Fuensalida, Spain)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 6 October 2016 (Case R 375/2016-2), relating to opposition proceedings between Casual Dreams and Mr López Fernández.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 6 October 2016 (Case R 375/2016-2);
2. Orders EUIPO to bear its own costs and to pay the costs incurred by Casual Dreams, SLU, including those incurred in the proceedings before the Board of Appeal.
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1 OJ C 95, 27.3.2017.