ORDER OF THE PRESIDENT
OF THE FIFTH CHAMBER OF THE GENERAL COURT
29 November 2017(*)
(Removal from the register)
In Case T-64/17,
Lions Gate Entertainment Inc., established in Santa Monica, California (United States), represented by C. Hall, Barrister and D. Farnsworth, Solicitor,
applicant,
v
European Union Intellectual Property Office (EUIPO), represented by A. Crawcour and A. Folliard-Monguiral, acting as Agents,
defendant,
ACTION brought against the decision of the Fourth Board of Appeal of EUIPO of 1 December 2016 (Case R 331/2016-4), relating to an application for registration of the word mark "DIRTY DANCING" as a European Union trade mark.
1 By letter lodged at the Court Registry on 7 November 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. It sought no order as to costs.
2 By letter lodged at the Court Registry on 14 November 2017, the defendant informed the Court that it had no objection to the discontinuance of the proceedings and requested, pursuant to Article 136(1) of the Rules of Procedure, 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 shall 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 FIFTH CHAMBER OF THE GENERAL COURT
hereby orders:
1. Case T-64/17 is removed from the register of the General Court.
2. Lions Gate Entertainment Inc., shall bear its own costs and those incurred by the European Union Intellectual Property Office (EUIPO).
Luxembourg, 29 November 2017.