Action brought on 3 March 2014 — adidas v OHIM — Shoe Branding Europe (Device of two parallel stripes)

(Case T-145/14)

2014/C 129/42

Language in which the application was lodged: English

Parties

Applicant: adidas (Herzogenaurach, Germany) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Shoe Branding Europe BVBA (Oudenaarde, Belgium)

Form of order sought

The applicant claims that the Court should:

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The mark (‘other type of mark’) for footwear in Class 25 — Community trade mark application No 8 398 141

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Community trade mark registrations Nos 3 517 646, 3 517 612, 3 517 588, 3 517 661, 4 269 072, 6 081 889; German trade mark registrations Nos 944 624, 944 623, 399 50 559, 897 134; International trade mark registration No 391 692 for goods in Classes 18, 25 and 28; and non-registered mark/sign used in the course of trade in Germany

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Articles 8(1)(b) and 8(4) CTMR.