Дело C-468/17: Morton’s of Chicago/EUIPO, Определение от 13 декември 2017 г.

Текст

... of invalidity — Figurative mark MORTON’S — Earlier non-registered national trade marks — Interpretation and application of national law — Action for passing off)

In Case C‑468/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 3 August 2017,

Morton’s of Chicago Inc., established in Chicago (United States), represented by J. Moss, Barrister, and M. Krause, Solicitor,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

Mortons the Restaurant Ltd, established in London (United Kingdom),

intervener at first instance,

THE COURT (Tenth Chamber),

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

Advocate General: M. Szpunar,

Registrar: A. Calot Escobar,

makes the following

Order

1. By its appeal, Morton’s of Chicago Inc. requests, first, that the Court set aside the judgment of the General Court of the European Union of 15 May 2017, Morton’s of Chicago v EUIPO — Mortons the Restaurant (MORTON’S) (T‑223/15, not published, EU:T:2017:333) (‘the judgment under appeal’), by which the General Court dismissed its action for annulment of the decision of the First Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 12 February 2015 (Case R 46/2014‑1), relating to invalidity proceedings between Mortons the Restaurant Ltd and Morton’s of Chicago, and, second, that the intervener be ordered to pay the appellant’s costs.

2. In support of its appeal, the appellant raises four grounds, alleging infringement, by ...