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NRJ Group V EUIPO – Sky International (SKY ENERGY) (Case T-184/16) (2016/C 232/31) Language in Which the Application Was Lodged: English

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NRJ Group V EUIPO – Sky International (SKY ENERGY) (Case T-184/16) (2016/C 232/31) Language in Which the Application Was Lodged: English 27.6.2016 EN Official Journal of the European Union C 232/23 Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Danielle Roches SARL (Paris, France) Details of the proceedings before EUIPO Applicant of the trade mark at issue: Applicant Trade mark at issue: EU word mark ‘ALIQUA’ – Application for registration No 12 079 381 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Second Board of Appeal of EUIPO of 28 January 2016 in Case R 905/2015-2 Form of order sought The applicant claims that the Court should: — revoke the contested decision. Plea in law — Infringement of Article 65(2) in connection with Art 8(1)(b) of Regulation No 207/2009. Action brought on 22 April 2016 – NRJ Group v EUIPO – Sky International (SKY ENERGY) (Case T-184/16) (2016/C 232/31) Language in which the application was lodged: English Parties Applicant: NRJ Group (Boileau, France) (represented by: M. Antoine-Lalance, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Sky International AG (Zug, Switzerland) Details of the proceedings before EUIPO Applicant: Other party to the proceedings before the Board of Appeal Trade mark at issue: EU word mark ‘SKY ENERGY’ – Application for registration No 9 727 322 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 5 February 2016 in Case R 3137/2014-5 Form of order sought The applicant claims that the Court should: — Confirm the contested decision insofar as it allows the opposition in respect of the following goods and services: Class 9: Recorded radio programmes; recorded programmes for broadcasting or other transmission on radio; C 232/24 EN Official Journal of the European Union 27.6.2016 Class 38: Radio broadcasting; transmission and communication services, broadcasting and/or transmission of radio programmes; satellite; DTT, cable, DSL and broadband broadcasting and/or transmission of audio programming; transmission of audio, programming (by any means); provision of access to news, current affairs and sports information; telecommunication of information (including web pages); telecommunication and/or communication and/ or broadcast and/or transmission of radio programmes; Class 41: Entertainment services by means of radio, presentation and distribution of radio programmes, provision of news, current affairs and sports information, news, current affairs and educational information services; distribution of radio programmes, provision of radio prorammes; — annul the contested decision in all its other provisions; — allow the opposition and reject the contested EU mark application for all the goods and services; — order EUIPO to pay the costs. Plea in law — Infringement of Article 8(1)(b) of Regulation No 207/2009. Action brought on 27 April 2016 – Migros-Genossenschafts-Bund v EUIPO – Luigi Lavazza (CReMESPRESSO) (Case T-189/16) (2016/C 232/32) Language in which the application was lodged: English Parties Applicant: Migros-Genossenschafts-Bund (Zürich, Switzerland) (represented by: M. Treis, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Luigi Lavazza SpA (Torino, Italy) Details of the proceedings before EUIPO Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal Trade mark at issue: EU figurative mark containing the word element ‘CReMESPRESSO’ – EU trade mark No 8 919 541 Procedure before EUIPO: Proceedings for a declaration of invalidity Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 February 2016 in Case R 2823/2014-5 Form of order sought The applicant claims that the Court should: — annul the contested decision as far as it allows the CTM proprietor’s appeal and annuls the decision of the EUIPO of 24 October 2014 in part, namely for ‘ice cream makers, ice cream machines, and coffee machines’ in Class 11, and ‘electric ice crushers’ in Class 7;.
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