Action brought on 25 September 2013 – Leder & Schuh International v OHIM – Epple (VALDASAAR)

(Case T-519/13)

Language in which the application was lodged: German

Parties

Applicant: Leder & Schuh International AG (Salzburg, Austria) (represented by: S. Korn, lawyer)

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

Other party to the proceedings before the Board of Appeal: Valerie Epple (Bronnen, Germany)

Form of order sought

The applicant claims that the Court should:

annul the contested decision of the First Board of Appeal, reject the opposition and

order the defendant to pay the costs of the appeal proceedings and the proceedings before the General Court of the European Union.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘VALDASAAR’ for goods and services in Classes 18, 25 and 35 – Community trade mark application No 9 591 249

Proprietor of the mark or sign cited in the opposition proceedings: Valerie Epple

Mark or sign cited in opposition: the word mark ‘Val d’Azur’ for goods in Class 25

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed in part

Pleas in law: Infringement of Regulation No 207/2009 as there is no likelihood of confusion between the marks at issue