23.11.2013   

EN

Official Journal of the European Union

C 344/55


Judgment of the General Court of 2 October 2013 — Cartoon Network v OHIM — Boomerang TV (BOOMERANG)

(Case T-285/12) (1)

(Community trade mark - Opposition proceedings - Application for the Community word mark BOOMERANG - Earlier Community figurative mark BoomerangTV - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2013/C 344/97

Language of the case: English

Parties

Applicant: The Cartoon Network, Inc. (Wilmington, United States) (represented by: I. Starr, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: I. Harrington, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Boomerang TV, SA (Madrid, Spain) (represented by: A. Canela Giménez, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 2 April 2012 (Case R 699/2011-2) concerning opposition proceedings between Boomerang TV, SA and The Cartoon Network, Inc.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders The Cartoon Network, Inc. to pay the costs.


(1)  OJ C 273, 8.9.2012.