Order of the General Court of 24 May 2012 - Fortress Participations v OHIM - FIG and Fortress Investment Group (FORTRESS)
(Case T-314/11)
(Community trade mark - Invalidity proceedings - Withdrawal of the application for a declaration of invalidity - No need to adjudicate)
Language of the case: English
Parties
Applicant: Fortress Participations BV (Rotterdam, Netherlands) (represented, initially, by: L.J. van de Braak, avocat, B. Ladas, Solicitor, and S. Malynicz, Barrister, then, by: L.J. van de Braak, S. Malynicz, R. Black, Solicitor, and V. Baxter, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar, Agent)
Other parties to the proceedings before the Board of Appeal of OHIM intervening before the General Court: FIG LLC (New York, United States); and Fortress Investment Group (UK) Ltd (London, United Kingdom) (represented by: J. Gray and R. Mallinson, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 1 April 2011 (Case R 354/2009-2) relating to invalidity proceedings between FIG LLC and Fortress Investment Group (UK), on the one hand, and Fortress Participations BV, on the other.
Operative part of the order
1. There is no longer any need to adjudicate on the present action.
2. The applicant is ordered to bear its own costs and those incurred by the defendant. The interveners are ordered to bear their own costs.
____________1 - OJ C 238, 13.8.2011.