Judgment of the Court of First Instance of 5 November 2008 - Calzaturificio Frau v OHIM - Camper (Representation of a stylised arch with the surface in solid colour)
(Community trade mark - Opposition proceedings - Application for a Community figurative mark representing a stylised arch with the surface in solid colour - Earlier Community figurative mark representing a stylised arch - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: Italian
Parties
Applicant: Calzaturificio SpA (San Giovanni Ilarione, Italy) (represented by: A. Rizzoli, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Montalto and L. Rampini, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Camper, SL (Inca, Spain) (represented by: I. Temiño Ceniceros, lawyer)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 14 June 2007 in Case R 768/2006-1 relating to opposition proceedings between Camper, SL and Calzaturificio Frau SpA
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Calzaturificio Frau SpA to pay the costs.
____________1 - OJ C 235, 6.10.2007.