ORDER OF THE COURT OF FIRST INSTANCE (Third Chamber)
17 December 2008 (*)
(Community trade mark – No need to adjudicate)
In Case T-74/06,
Fox Racing, Inc., established in Morgan Hill (United States), represented by
P. Brownlow, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by J. Laporta Insa, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance, being
Lloyd IP Limited, established in Penrith (United Kingdom), represented by
R. Elliot, Solicitor,
ACTION brought against the decision of the First Board of Appeal of OHIM of 8 December 2005 (Case R 1180/2004-1), relating to opposition proceedings between Lloyd IP Limited and Fox Racing, Inc.,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber),
composed of J. Azizi, President E. Cremona (Rapporteur), S. Frimodt Nielsen, Judges,
Registrar: E. Coulon,
makes the present
Order
1 By letter lodged at the Registry of the Court of First Instance on 20 November 2008, the applicant informed the Court that it had reached an agreement with the intervener and requested the Court to declare that the case had become devoid of purpose and, as a consequence, there was no longer any need to rule on the present action. It stated that the parties had agreed to bear their own costs.
2 By letter lodged at the Registry of the Court on 28 November 2008, the defendant gave its agreement to the request of the applicant that the case be declared devoid of purpose. The defendant requests the Court to order the applicant to bear the costs.
3 By letter lodged at the Registry of the Court on 1 December 2008, the intervener gave its agreement that the case has become devoid of purpose. It did not seek an order as to costs.
4 Pursuant to Article 113 of the Rules of Procedure of the Court of First Instance, it suffices in the present case to hold that the present action has become devoid of purpose. There is therefore no longer any need to rule on it.
5 Article 87(6) of the Rules of Procedure provides that, where a case does not proceed to judgment, the costs are in the discretion of the Court.
6 In the present case, the Court considers that the applicant should be ordered to bear its own costs and those incurred by the defendant and that the intervener should be ordered to bear its own costs.
On those grounds,
THE COURT OF FIRST INSTANCE (Third Chamber)
hereby orders:
1. There is no need to rule on the action.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 17 December 2008.