Action brought on 22 January 2010 - Ella Valley Vineyards v OHIM - Hachette Filipacchi Press (ELLA VALLEY VINEYARDS)

(Case T -32/10)

Language in which the application was lodged: French

Parties

Applicant: Ella Valley Vineyards (Adulam) Ltd (Jerusalem, Israel) (represented by: C. de Haas, lawyer)

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

Other part to the proceedings before the Board of Appeal of OHIM: Hachette Filipacchi Presse SA (Levallois-Perret, France)

Form of order sought

annul the decision of the First Board of Appeal of OHIM of 11 November in all its provisions because it infringed Article 8(5) of Regulation (EC) No 207/2009;

order OHIM to pay the costs of ELLA VALLEY VINEYARDS pursuant to Articles 87 to 93 of the Rules of Procedure.

Pleas in law and main arguments

Applicant for a Community trade mark: Ella Valley Vineyards (Adulam) Ltd.

Community trade mark concerned: the figurative mark "ELLA VALLEY VINEYARDS" for goods in Class 33 (Application for registration No 3 360 914).

Proprietor of the mark or sign cited in the opposition proceedings: Hachette Filipacchi Presse SA.

Mark or sign cited in opposition: French word mark and the Community word mark "ELLE" for goods in Class 16 (Community trade mark No 3 475 365).

Decision of the Opposition Division: Dismissal of the opposition.

Decision of the Board of Appeal: Annulment of the decision of the Opposition Division.

Pleas in law: Infringement of Article 8(5) of Regulation (EC) No 207/2009 because the public concerned will not make any link between the marks at issue and because the use of the mark "ELLA VALLEY VINEYARDS" does not take unfair advantage of the reputation of the earlier "ELLE" marks

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