Дело C-118/18: Hochmann и DAY Investments/Hochmann Marketing и др., Определение от 11 октомври 2018 г.

Текст

... s — Word mark bittorrent — Declaration of revocation)

In Case C‑118/18 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 12 February 2018,

Hochmann Marketing GmbH, formerly Bittorrent Marketing GmbH, established in Neu-Isenburg (Germany), represented by C. Hoppe, Rechtsanwalt,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

BitTorrent Inc., established in San Francisco (United States),

intervener at first instance,

THE COURT (Ninth Chamber),

composed of C. Vajda (Rapporteur), President of the Chamber, E. Juhász and C. Lycourgos, Judges,

Advocate General: J. Kokott,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to give a decision by reasoned order, pursuant to Article 181 of the Rules of Procedure of the Court of Justice,

makes the following

Order

1. By its appeal, Hochmann Marketing GmbH, formerly Bittorrent Marketing GmbH, seeks to have set aside the judgment of the General Court of the European Union of 12 December 2017, Hochmann Marketing v EUIPO — BitTorrent (bittorrent) (T‑771/15, not published, ‘the judgment under appeal’, EU:T:2017:887), by which the General Court dismissed its action seeking the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 31 August 2015 (Case R 2275/2013–5) concerning revocation proceedings between BitTorrent Inc. and Bittorrent Marketing.

2. In support of its appeal, the appellant raises four grounds of appeal, the first, second and third alleging infringement of Article ...