Judgment of the Court of First Instance of 10 December 2008 - Giorgio Beverly Hills v OHIM - WHG (GIORGIO BEVERLY HILLS)
(Community trade mark - Opposition proceedings - Application for Community word mark GIORGIO BEVERLY HILLS - Earlier national word mark GIORGIO - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant: Giorgio Beverly Hills, Inc. (Cincinnati, Ohio, United States) (represented by: M. Schaeffer, and subsequently by K. Sandberg, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and G. Schneider, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: WHG Westdeutsche Handelsgesellschaft mbH (Hagen, Germany) (represented by: H. Prange, lawyer)
Re:
ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 June 2006 (Joined Cases R 107/2005-2 and R 187/2005-2), concerning opposition proceedings between WHG Westdeutsche Handelsgesellschaft mbH and Giorgio Beverly Hills, Inc.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Cases R 107/2005-2 and R 187/2005-2) in so far as it dismissed the appeal in Case R 187/2005-2;
Orders OHIM to bear its own costs and to pay those incurred by Giorgio Beverly Hills, Inc. during the proceedings before the Court of First Instance;
Orders WHG Westdeutsche Handelsgesellschaft mbH to bear its own costs and to pay those incurred by Giorgio Beverly Hills for the purposes of the proceedings before the Board of Appeal of OHIM.
____________1 - OJ C 249, 14.10.2006.