Order of the General Court of 3 March 2010 - MarketTools v OHIM - Optimus-Telecomunicações (ZOOMERANG)
(Community trade mark - Opposition - Withdrawal of the opposition - No need to adjudicate)
Language of the case: English
Parties
Applicant: MarketTools, Inc. (San Francisco, United States) (represented by: W. von der Osten-Sacken, A. González Hähnlein, O. Günzel and A. Wenninger, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: initially S. Laitinen, subsequently G. Schneider and D. Botis, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Optimus-Telecomunicações, SA (Maia, Portugal) (represented by: T. Colaço Dias and J. Conceição Pimenta, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 25 January 2007 (Case R 253/2006-2) relating to opposition proceedings between Optimus-Telecomunicações, SA and MarketTools, Inc.
Operative part of the order
1. There is no need to rule on the action.
2. The applicant shall bear its own costs and those incurred by the defendant.
3. The intervener shall bear its own costs.
____________1 - OJ C 129, 9.6.2007.