Judgment of the General Court of 25 November 2010 - Vidieffe v OHIM - Ellis International Group (GOTHA)
(Community trade mark - Opposition proceedings - Application for Community word mark GOTHA - Earlier Community figurative mark gotcha - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Language of the case: Italian
Parties
Applicant: Vidieffe Srl (Bologna, Italy) (represented by: M. Lamandini, D. De Pasquale and M. Pappalardo, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock)
Other party to the proceedings before the Board of Appeal of OHIM: Perry Ellis International Group Holdings, Ltd (Nassau, Bahamas)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 12 February 2009 (Case R 657/2008-1), relating to opposition proceedings between Perry Ellis International Group Holdings, Ltd and Vidieffe Srl.
Operative part of the judgment
The Court:
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 12 February 2009 (Case R 657/2008-1), in so far as it annuls the decision of the Opposition Division, inasmuch as that decision rejected the opposition, first, in respect of '[leather and imitations of leather] goods (not included in other classes); trunks and travelling bags; umbrellas, parasols and walking sticks' in Class 18 and, second, in respect of all the goods in Class 25.
Dismisses the action as to the remainder.
Orders OHIM to bear its own costs and pay those incurred by Vidieffe Srl.
____________1 - OJ C 141, 20.6.2009.