Action brought on 23 August 2010 - Nike International/OHMI - Deichmann (VICTORY RED)

(Case T-356/10)

Language in which the application was lodged: English

Parties

Applicant: Nike International Ltd (Oregon, U.S.A.) (represented by: M. De Justo Bailey, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Deichmann SE (Essen, Germany)

Form of order sought

Annul the decision of the Second Board of Appeal of the Office For Harmonisation in the Internal Market (Trade Marks and Designs) of 18 May 2010 in case R 1309/2009-2;

Order the defendant to pay the costs of the proceedings, and;

Order the other party to the proceedings before the Board of Appeal to pay the costs of the proceedings, should it become an intervening party in this case.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "VICTORY RED", for goods in classes 18 and 28

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: German trade mark registration No 30318528 of the word mark "Victory", for goods in classes 18, 25 and 28; International trade mark registration No 819143 of the word mark "Victory", for goods in classes 18, 25 and 28

Decision of the Opposition Division: Upheld the opposition for all of the contested goods and rejected the application in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal made an incorrect assessment of the likelihood of confusion, in particular of the similarity of the signs.

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