Дело T-***/**: *****************, Съдебно решение от **.**.2020 г.

Текст

... ve ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) – Declaration of partial invalidity)

In Case T‑687/19,

inMusic Brands, Inc., established in Cumberland, Rhode Island (United States), represented by D. Rose, Solicitor,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by G. Sakalaitė-Orlovskienė and J. Crespo Carrillo, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Equipson, SA, established in Silla (Spain),

ACTION brought against the decision of the Fifth Board of Appeal of EUIPO of 30 July 2019 (Case R 1759/2018‑5), relating to invalidity proceedings between Equipson and inMusic Brands,

THE GENERAL COURT (Sixth Chamber),

composed of A. Marcoulli, President, S. Frimodt Nielsen and C. Iliopoulos (Rapporteur), Judges,

Registrar: E. Coulon,

having regard to the application lodged at the Court Registry on 8 October 2019,

having regard to the response lodged at the Court Registry on 10 January 2020,

having regard to the fact that no request for a hearing was submitted by the parties within three weeks after service of notification of the close of the written part of the procedure, and having decided to rule on the action without an oral part of the procedure, pursuant to Article 106(3) of the Rules of Procedure of the General Court,

gives the following

Judgment

Background to the dispute

1. On 23 September 2015, the applicant, inMusic Brands, Inc., filed an application for registration of an ...