Judgment of the General Court of 28 September 2011 - Nike International v OHIM - Deichmann (VICTORY RED)
(Community trade mark - Opposition proceedings - Application for registration of the Community word mark VICTORY RED - Earlier international and national word marks Victory - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Nike International Ltd (Beaverton, Oregon, United States) (represented by: M. de Justo Bailey, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Deichmann SE (Essen, Germany)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 18 May 2010 (Case R 1309/2009-2) concerning opposition proceedings between Deichmann SE and Nike International Ltd.
Operative part of the judgment
The General Court:
1. Dismisses the action;
2. Orders Nike International Ltd to pay the costs.
____________1 - OJ C 288, 23.10.2010.