ORDER OF THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
18 December 2008 (*)
(Removal from the register)
In Case T-489/07,
Insight Direct USA, Inc., established in Tempe (United States), represented by M. Gilbert and M. Moore, Solicitors,
applicant,
v
Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), represented by A. Folliard-Monguiral, acting as Agent,
defendant,
the other party to the proceedings before the Board of Appeal of OHIM being
Net Insight AB,
Action brought against the decision of the Second Board of Appeal of OHIM of 20 September 2008 (Case R 1428/2006-2) relating to opposition proceedings between Net Insight AB and Insight Direct USA, Inc.
1 By letter lodged at the Registry of the Court of First Instance on 24 September 2008, the applicant and the other party to the proceedings before the Board of Appeal of OHIM informed the Court, in accordance with Article 99 of the Rules of Procedure of the Court of First Instance, that the applicant wished to discontinue proceedings and that the question of costs had been the subject of an agreement between the parties, according to which the applicant and the other party to the proceedings before the Board of Appeal of OHIM would each pay their own costs.
2 By letter lodged at the Registry of the Court on 21 October 2008, the defendant informed the Court that it had no objections to raise concerning the discontinuance of the proceedings but, pursuant to Article 87(5) of the Rules of Procedure, requested that the applicant be ordered to bear the costs.
3 Article 87(5), first subparagraph, of the Rules of Procedure provides that the party who discontinues or withdraws from proceedings be ordered to bear the costs, if they have been applied for in the observations of the other party on the discontinuance. In the present case, the defendant has applied for the applicant to bear the costs.
4 The second subparagraph of Article 87(5) of the Rules of Procedure provides that, where proceedings are discontinued and the parties have come to an agreement on costs, the order for costs shall be in accordance with that agreement. In the present case, the applicant and the other party to the proceedings before the Board of Appeal of OHIM have come to an agreement according to which each would pay their own costs.
5 The case will therefore be removed from the register and the applicant will bear its own costs and those incurred by the defendant, in accordance with Article 87(5), first subparagraph, of the Rules of Procedure, while the other party to the proceedings before the Board of Appeal of OHIM will bear its own costs, in accordance with the agreement on costs reached with the applicant, applicable by virtue of Article 87(5), second subparagraph, of the Rules of Procedure.
On those grounds,
THE PRESIDENT OF THE SIXTH CHAMBER OF THE COURT OF FIRST INSTANCE
hereby orders:
1. Case T-489/07 is removed from the register of the Court of First Instance.
2. The applicant will bear its own costs as well as those incurred by the defendant.
3. The other party to the proceedings before the Board of Appeal of OHIM will bear its own costs.
Luxembourg, 18 December 2008.