Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... d figurative marks PRADA — Relative grounds for refusal — Article 8(5) of Regulation(EC) No 207/2009 (now Article 8(5) of Regulation (EU) 2017/1001) — Taking unfair advantage of the distinctive character or repute of the earlier mark — Detriment to the distinctive character or repute — Article 8(1)(b) of Regulation No 207/2009 (now Article 8(1)(b) of Regulation 2017/1001) — Likelihood of confusion)

In Case T‑111/16,

Prada SA, established in Luxembourg (Luxembourg), represented by F. Jacobacci, lawyer,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by J. Crespo Carrillo, acting as Agent,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court, being

The Rich Prada International PT, established in Surabaya (Indonesia), represented by Y. Zhou, Solicitor,

ACTION brought against the decision of the Second Board of Appeal of EUIPO of 13 January 2016 (Joined Cases R 3076/2014-2 and R 3186/2014-2), as rectified on 14 March 2017, relating to opposition proceedings between Prada and The Rich Prada International,

THE GENERAL COURT (Second Chamber),

composed of M. Prek, President, E. Buttigieg and B. Berke (Rapporteur), Judges,

Registrar: I. Dragan, Administrator,

having regard to the application lodged at the Court Registry on 18 March 2016,

having regard to the response of EUIPO lodged at the Court Registry on 1 June 2016,

having regard to the response of the intervener lodged at the Court Registry on 10 June 2016,

further to the hearing on 7 March 2017,

having regard to the order of 20 ...