Judgment of the General Court of 21 June 2012 - Fruit of the Loom v OHIM - Blueshore Management (FRUIT)
(Case T-514/10)
(Community trade mark - Revocation proceedings - Community word mark FRUIT - Non-use - Article 15(1)(a) and Article 51(1)(a) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Fruit of the Loom, Inc. (Bowling Green, Kentucky, United States) (represented by: S. Malynicz, Barrister, and V. Marsland, Solicitor)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially by S. Schäffner, subsequently by G. Schneider, subsequently by D. Botis, and finally by J. Crespo Carrillo, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Blueshore Management SA (Cernusco Sul Naviglio, Italy) (represented by: S. Corona and G. Ciccone, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 30 August 2010 (Case R 1686/2008-4) concerning revocation proceedings between Blueshore Management SA and Fruit of the Loom, Inc.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Fruit of the Loom, Inc. to bear its own costs and to pay those incurred by OHIM;
3. Orders Blueshore Management SA to bear its own costs.
____________1 - OJ C 13, 15.1.2011.