Judgment of the General Court (Seventh Chamber) of 10 December 2008.#Giorgio Beverly Hills, Inc. v European Union Intellectual Property Office.#Case T-228/06.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 21 June 2006 (Joined Cases R 107/2005-2 and R 187/2005-2), concerning opposition proceedings between WHG Westdeutsche Handelsgesellschaft mbH and Giorgio Beverly Hills, Inc.

Information relating to the case

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Operative part

Operative part

The Court:

1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 21 June 2006 (Cases R 107/2005-2 and R 187/2005-2) in so far as it dismissed the appeal in Case R 187/2005-2;

2. Orders OHIM to bear its own costs and to pay those incurred by Giorgio Beverly Hills, Inc. during the proceedings before the Court of First Instance;

3. Orders WHG Westdeutsche Handelsgesellschaft mbH to bear its own costs and to pay those incurred by Giorgio Beverly Hills for the purposes of the proceedings before the Board of Appeal of OHIM.