Judgment of the General Court of 15 April 2010 - Cabel Hall Citrus v OHIM - Casur (EGLÉFRUIT)
(Community trade mark - Invalidity proceedings - Community word mark EGLÉFRUIT - Earlier Community word mark UGLI and earlier national figurative mark 'UGLI Fruit - but the affliction is only skin deep' - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) and Article 52(1)(a) of Regulation (EC) No 40/94 (now Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))
Language of the case: English
Parties
Applicant: Cabel Hall Citrus Ltd (George Town, Grand Cayman, Cayman Islands) (represented by: C. Rogers, barrister)
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: Casur S. Coop. Andaluza (Viator, Spain)
Re:
Action brought against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 September 2007 (Case R 293/2007-1), relating to invalidity proceedings between Cabel Hall Citrus Ltd and Casur S.C. Andaluza.
Operative part of the judgment
The Court:
1. Dismisses the action.
2. Orders Cabel Hall Citrus Ltd to pay the costs.
____________1 - OJ C 64, 8.3.2008.