Judgment of the Court of First Instance of 12 July 2006 - Rossi v OHIM - Marcorossi (MARCOROSSI)
(Community trade mark - Opposition proceedings - Application for Community word mark MARCOROSSI - Earlier national and international word marks MISS ROSSI - Earlier Community word mark SERGIO ROSSI - Relative ground of refusal - Likelihood of confusion)
Language of the case: Italian
Parties
Applicant: Sergio Rossi SpA (San Mauro Pascoli, Italy) (represented by: A Ruo, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Marcorossi Srl (Bodio Lommago, Italy) (represented by: P. Roncaglia, G. Lazzeretti, M. Boleto and E. Gavuzzi, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 17 December 2004 (Case R 226/2003-2) concerning opposition proceedings between Sergio Rossi SpA and Marcorossi Srl
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs incurred by the intervener and to bear its own costs;
3. Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs.
____________1 - OJ C 115, 14.5.2005.