ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
30 November 2009(1)
(Removal from the register)
In Joined Cases T-415/07 and T-416/07,
RedEnvelope, Inc., established in San Francisco (United States), represented by A. Poulter, Solicitor,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by Dimitris Botis, 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
Red Letter Days Ltd., established in London (United Kingdom), represented by J. Barry, Solicitor,
Action brought against the decisions of the First Board of Appeal of 14 September 2007 (Cases R 1117/2005-1 and R 765/2005-1) relating to opposition proceedings between Red Letter Days Ltd and RedEnvelope Inc.
1 By letter lodged at the Registry of the Court of First Instance on 2 November 2009, the applicant informed the Court that it wished to discontinue proceedings. It did not apply for costs.
2 By letter lodged at the Registry of the Court on 5 November 2009, the defendant informed the Court that it had no observations to make concerning the discontinuance of the proceedings and requested that the applicant be ordered to bear the costs.
3 By letter lodged at the Registry of the Court on 19 November 2009, the intervener indicated to the Court that it had no objection to the discontinuance of the proceedings but requested that the costs be borne by the applicant.
4 The first subparagraph of Article 87(5) of the Rules of Procedure provides that a party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the observations of the other parties on the discontinuance.
5 The joined cases will therefore be removed from the register and the applicant ordered to pay the costs.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Joined Cases T-415/07 and T-416/07 are removed from the register of the Court of First Instance.
2. The applicant shall bear the costs.
Luxembourg, 30 November 2009.