Judgment of the General Court of 24 March 2010 - 2nine v OHIM - Pacific Sunwear of California (nollie)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark nollie - Earlier national and international word marks NOLI - Relative ground for refusal - No similarity between the goods - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Article 74(1) of Regulation No 40/94 (now Article 76(1) of Regulation No 207/2009))
Language of the case: English
Parties
Applicant: 2nine Ltd (London, United Kingdom) (represented by: S. Palmer, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Botis, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Pacific Sunwear of California, Inc. (Anaheim, California, United States)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 16 June 2008 (Case R 1590/2007-2), relating to opposition proceedings between 2nine Ltd and Pacific Sunwear of California, Inc.
Operative part of the judgment
The Court:
Dismisses the action;
Orders 2nine Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
____________1 - OJ C 272, 25.10.2008.