Language of document :

Order of the Court of First Instance of 17 December 2008 - Fox Racing v OHIM - Lloyd IP (SHIFT)

(Case T-74/06) 1

(Community trade mark - No need to adjudicate)

Language of the case: English

Parties

Applicant: Fox Racing, Inc. (Morgan-Hill, United States) (represented by: P. Brownlow, solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Laporta Insa, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Lloyd IP Limited (Penrith, United Kingdom) (represented by: R. Elliot, solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 8 December 2005 (Case R 1180/2004-1) concerning opposition proceedings between Lloyd IP Limited and Fox Racing Inc.

Operative part of the order

1.    There is no need to adjudicate on the action.

2.    The applicant is to pay its own costs and those incurred by the defendant.

3.     The intervener is to bear its own costs.

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1 - OJ C 108, 6.5.2006.