Sevenfriday v EUIPO (European Union trade mark - Order) [2019] EUECJ C-733/18P_CO (19 March 2019)

Sevenfriday v EUIPO (European Union trade mark - Order) [2019] EUECJ C-733/18P_CO (19 March 2019)

The appeal was manifestly inadmissible because it failed to identify specific errors of law in the judgment under appeal, merely repeated arguments already made before the General Court, and did not raise points of law subject to review by the Court of Justice.

Source-derived case information.

Citation
[2019] EUECJ C-733/18P_CO
Parties
Applicant: Sevenfriday AG; Defendant at First Instance: European Union Intellectual Property Office (EUIPO); Intervener at First Instance: Seven SpA
Jurisdiction
European Union
Judgment Date
19 March 2019
Procedural Posture
Appeal / Order on Admissibility of Appeal
Outcome
Appeal dismissed as manifestly inadmissible.
Legal Topics
Trade Marks, Likelihood of Confusion, Distinctiveness, Appeal Admissibility
Intellectual Property European Union Law Trade Marks Likelihood of Confusion Distinctiveness Appeal Admissibility

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Parties

Sevenfriday AG

Applicant

European Union Intellectual Property Office (EUIPO)

Defendant at First Instance

Seven SpA

Intervener at First Instance

Procedural Posture

Appeal / Order on Admissibility of Appeal

Legal Issues

  1. 1 Whether the General Court erred in its assessment of likelihood of confusion under Article 8(1)(b) of Regulation No 207/2009
  2. 2 Whether the appeal met the admissibility requirements under the Rules of Procedure

Ratio Decidendi

The appeal was manifestly inadmissible because it failed to identify specific errors of law in the judgment under appeal, merely repeated arguments already made before the General Court, and did not raise points of law subject to review by the Court of Justice.

Court Disposition

Appeal dismissed as manifestly inadmissible.

Orders

  • The appeal is dismissed as manifestly inadmissible.
  • Sevenfriday AG shall bear its own costs.