Official Journal of the European Union
Judgment of the General Court of 21 December 2021 — Fashion Energy v EUIPO — Retail Royalty (1st AMERICAN)
(Case T-699/20) (1)
(EU trade mark - Opposition proceedings - Application for EU figurative mark 1st AMERICAN - Earlier EU figurative mark representing an eagle or other bird of prey - Relative ground for refusal - Likelihood of confusion - Phonetic similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - Article 72(6) of Regulation 2017/1001 - Article 94(1) of Regulation 2017/1001)
Language of the case: English
Applicant: Fashion Energy Srl (Milan, Italy) (represented by: T. Müller and F. Togo, lawyers)
Defendant: European Union Intellectual Property Office (represented by: L. Rampini and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Retail Royalty Co. (Las Vegas, Nevada, United States) (represented by: J. Bogatz and Y. Stone, lawyers)
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 10 September 2020 (Case R 426/2020-4), relating to opposition proceedings between Retail Royalty and Fashion Energy.
Operative part of the judgment
Dismisses the action;
Orders Fashion Energy Srl to pay the costs.
(1) OJ C 28, 25.1.2021.