Дело C-87/16: Tsujimoto/Kenzo, Определение от 21 юли 2016 г.

Текст

... ground for refusal — Reputation — Regulation (EC) No 207/2009 — Article 8(5) — Partial rejection of the opposition)

In Case C‑87/16 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 11 February 2016,

Kenzo Tsujimoto, residing in Osaka (Japan), represented by A. Wenninger-Lenz, M. Ring and W. von der Osten-Sacken, Rechtsanwälte,

appellant,

the other parties to the proceedings being:

Kenzo, established in Paris (France),

applicant at first instance,

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

THE COURT (Tenth Chamber),

composed of F. Biltgen, President of the Chamber, A. Borg Barthet (Rapporteur) and M. Berger, Judges,

Advocate General: E. Sharpston,

Registrar: A. Calot Escobar,

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

gives the following

Order

1. By his appeal, Mr Kenzo Tsujimoto asks the Court to set aside the judgment of the General Court of the European Union of 2 December 2015 in Kenzo v OHIM — Tsujimoto (KENZO ESTATE) (T‑528/13, not published, ‘the judgment under appeal’, EU:T:2015:921), by which the General Court partially annulled the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 July 2013 (Case R 1363/2012-2), relating to opposition proceedings between Kenzo and Mr Tsujimoto.

2. Mr Tsujimoto also asks the Court to give final judgment in the matter.

3. In support of his appeal, ...