Judgment of the General Court of 2 October 2013 – Cartoon Network v OHIM – Boomerang TV (BOOMERANG)

(Case T-285/12) ¹

(Community trade mark – Opposition proceedings – Application for the Community word mark BOOMERANG – Earlier Community figurative mark BoomerangTV – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009)

Language of the case: English

Parties

Applicant: The Cartoon Network, Inc. (Wilmington, United States) (represented by: I. Starr, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Boomerang TV, SA (Madrid, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 699/2011-2) concerning opposition proceedings between Boomerang TV, SA and The Cartoon Network, Inc.

Operative part of the judgment

The Court:

1.    Dismisses the action;

2.    Orders The Cartoon Network, Inc. to pay the costs.

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¹     OJ C 273, 8.9.2012.