Judgment of the General Court of 21 May 2015 — adidas v OHIM — Shoe Branding Europe (Two parallel stripes on a shoe)
(Case T-145/14) 1
(Community trade mark — Opposition proceedings — Application for Community position mark consisting of two parallel stripes on a shoe — Community and national figurative marks and earlier international registration representing three parallel stripes applied to shoes and clothing — Relative grounds for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: adidas AG (Herzogenaurach, Germany) (represented initially by: V. von Bomhard and J. Fuhrmann, lawyers, and subsequently by I. Fowler, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Shoe Branding Europe BVBA (Oudenaarde, Belgium) (represented by J. Løje, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 28 November 2013 (Case R 1208/2012-2), relating to opposition proceedings between adidas AG and Shoe Branding Europe BVBA.
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 28 November 2013 (Case R 1208/2012-2);
Orders OHIM to bear its own costs and to pay those incurred by adidas AG;
Orders Shoe Branding Europe BVBA to bear its own costs.
________________________1 OJ C 129, 28.4.2014.