ORDER OF THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
14 September 2012 (1)
(Removal from the register)
In Case T-484/11,
Skyhawke Technologies, LLC, established in Ridgeland (United States), represented by K. Gilbert and M. Blair, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by P. Bullock, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court, being
British Sky Broadcasting Group plc and Sky IP International Ltd, established in Isleworth (United Kingdom), represented by J. Barry, Solicitor, and P. Roberts, Barrister,
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 June 2011 (Case R 501/2010-4), relating to opposition proceedings between British Sky Broadcasting Group plc and Sky IP International Ltd, and Skyhawke Technologies, LLC,
1 By letter lodged at the Registry of the General Court on 4 July 2012, the applicant informed the Court in accordance with Article 99 of the Rules of Procedure that it wished to discontinue proceedings. It sought no order as to costs.
2 By letter lodged at the Registry of the Court on 19 July 2012, the defendant informed the Court that it had no objections as to the discontinuance of the proceedings and requested that the applicant should be ordered to bear the costs.
3 The intervener did not lodge its observations on the discontinuance in the prescribed period.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues is to be ordered to pay the costs if they have been applied for in the observations of the other party on the discontinuance.
5 The case should therefore be removed from the register, the applicant ordered to bear its own costs and those of the defendant and the intervener should be ordered to bear its own costs.
On those grounds,
THE PRESIDENT OF THE FOURTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-484/11 is removed from the register of the General Court.
2. The applicant shall bear its own costs and those of the defendant.
3. The intervener shall bear its own costs.
Luxembourg, 14 September 2012.