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Published by: eurolex on Nov 27, 2010
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03/18/2014

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C 171/36 EN 19.7.2003Official Journal ofthe European Union
Action brought on 18 April2003 byInex N.V.against theOffice for Harmonisation in the Internal Market(Case T-153/03)
(2003/C 171/60)
(Language of the case: French)
An action against the Office for Harmonisation in the InternalMarket (Trade Marks and Designs) (OHIM) wasbrought beforethe Court of First Instance of the European Communities on18 April 2003 by Inex N.V., represented by Thierry van Innis,lawyer.Robert Wiseman & Sons Limited, Glasgow (United Kingdom)was also a party to the proceedings before the Second Boardof Appeal.The applicant claims that the Court should:annul the decision handed down by the Second Board of Appeal of the defendant on 4 February 2003 in Case R106/2001-2;order the defendant to pay the costs.
Pleas in law and main arguments
Applicant for Com- Robert Wiseman & Sons Limited,munity trade mark Glasgow (United Kingdom)Community trade mark Figurative mark composed of thesought graphic representation of a cow-hide in black and white — appli-cation no. 132, 134, filed forgoods and services in classes 29,32 and 39 (in particular: milk,milk beverages, milk products,dairy products, cream and yogh-urt)Proprietor of mark or Theplaintifsign cited in the oppo-sition proceedings:Proprietor of mark or Composite Benelux trade marksign no 580 538 comprising in part agraphic representation of a cow-hide in black and white registeredfor goods in classes 29 and 30Decision of the Oppo- Rejection of the oppositionsition Division:Decision of the Board of Dismissal ofthe applicant’s appealAppeal:Pleas in law: Infringement of the concept othe likelihood of confusion asinterpreted by the Court ofJusticein the light of:the identity of the goods;the similarity between themark against which theopposition was directed andthe dominantand distinctiveelement of the first mark;the fact that the goods aretargetedat the general publicfor everyday use
Actionbrought on 24 April2003byMichael Cwik againstthe Commission of the European Communities(Case T-155/03)
(2003/C 171/61)
(Language of the case: French)
An action against the Commission ofthe European Communi-ties was brought before the Court of First Instance of theEuropean Communities on 24 April 2003 by Michael Cwik,residing in Tervuren (Belgium), represented by Nicolas Lhoëst,lawyer.The applicant claims that the Court should:annul the decision of the Secretary General of 13 June2002 confirming, without amendment, the applicant’sstaff report for the period running from 1 July 1995 to30 June 1997;order the defendant to pay the applicant EUR 15 000 by way of damages;order the defendant to pay the costs.

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