Action brought on 27 December 2013 – Chair Entertainment Group v OHIM – Libelle (SHADOW COMPLEX)

(Case T-717/13)

Language in which the application was lodged: English

Parties

Applicant: Chair Entertainment Group LLC (Utah, United States of America) (represented by: E. Armijo Chávarri, lawyer)

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

Other party to the proceedings before the Board of Appeal: Libelle AG (Stuttgart, Germany)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonization in the Internal Market (Trade Marks and Designs) of 1 October 2013 given in Case R 776/2011-2;

Order the defendant to bear the costs of proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “SHADOW COMPLEX” for goods and services in Class 9 – Community trade mark application No 8 235 434

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 in opposition: The word mark “DBShadow” for goods and services in Classes 9 et 42 – Community trade mark registration No 1 457 944, the word mark “BusinessShadow” for goods and services in Classes 9 et 42 – Community trade mark registration No 3 749 439, the German word mark “BusinessShadow” for goods and services in Classes 9 et 42 and the German word mark “FSShadow” for goods and services in Classes 9 et 42

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) CTMR