Language of document : ECLI:EU:T:2017:707

Provisional text

ORDER OF THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

2 October 2017 (*)

(Removal from the register)

In Case T-74/17,

Danjaq, LLC, established in Los Angeles, California (United States), represented by S. Baran and G. Messenger, Barristers, D. Stone and A. Dykes, Solicitors,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of the EUIPO being

Formosan IP, established in Oxford (United Kingdom),

ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 23 November 2016 (Case R 255/2016-4), relating to opposition proceedings between Danjaq, LLC and Formosan IP.


1        By letter lodged at the Court Registry on 8 September 2017, the applicant informed the Court, in accordance with Article 125 of the Rules of Procedure of the General Court, that it wished to discontinue proceedings. The applicant requested that there be no order as to costs.

2        By letter lodged at the Court Registry on 13 September 2017, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.

3        Article 136(1) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings is to be ordered to pay the costs if they have been applied for in the other party’s observations on the discontinuance.

4        The case should therefore be removed from the register and the applicant ordered to bear its own costs and to pay those incurred by the defendant.

On those grounds,

THE PRESIDENT OF THE FIRST CHAMBER OF THE GENERAL COURT

hereby orders:

1.      Case T-74/17 is removed from the register of the General Court.

2.      Danjaq, LLC shall bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO).

Luxembourg, 2 October 2017.

E. Coulon

 

 I. Pelikánová

Registrar

 

President


* Language of the case: English.