Judgment of the General Court of 29 April 2014 — Chair Entertainment Group v OHIM — Libelle (SHADOW COMPLEX)
(Case T-717/13) 1
(Community trade mark — Opposition proceedings — Application for the Community word mark SHADOW COMPLEX — Earlier Community word mark BusinessShadow — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Chair Entertainment Group LLC (Provo, Utah, United States) (represented by: E. Armijo Chávarri, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: M. Rajh, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Libelle AG (Stuttgart, Germany) (represented by E. Strauß, lawyer)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 1 October 2013 (Case R 776/2011 2), relating to opposition proceedings between Libelle AG and Chair Entertainment Group LLC.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Declares that Chair Entertainment Group LLC is to pay, in addition to its own costs, those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM);
3. Declares that Libelle AG is to pay its own costs.
________________________1 OJ C 71, 8.3.2014.