Judgment of the General Court of 13 February 2014 – Demon International v OHIM – Big Line (DEMON)
(Case T-380/12) 1
(Community trade mark – Invalidity proceedings –Figurative Community trade mark DEMON – Prior international word mark DEMON – Relative ground for refusal – Likelihood of confusion – Similarity of the goods – Similarity of the signs – Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009)
Language of the case: Italian
Parties
Applicant: Demon International (Orem, Utah, United States) (represented by: T. Krüger, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented initially by: F. Mattina, and subsequently by: L. Rampini, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Big Line Sas di Graziani Lorenzo (Thiene, Italy) (represented by: B. Osti, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 20 June 2012 (Case R 1845/2011-4) concerning invalidity proceedings between Demon International, LC and Big Line Sas di Graziani Lorenzo.
Operative part of the judgment
The Court:
Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 20 June 2012 (Case R 1845/2001-4) insofar as it annulled in part the decision of the Cancellation Division and rejected the application for a declaration of invalidity of the Community trade mark No 6 375 398 concerning ‘ski masks’ and ‘snowboard masks’;
Dismisses the remainder of the action;
Orders Demon International, LC and Big Line Sas di Graziani Lorenzo to bear their own costs, including those incurred before the Board of Appeal;
Orders OHIM to bear its own costs.
____________1 OJ C 331, 27.10.2012.