Judgment of the General Court (Third Chamber) of 4 November 2008.#Group Lottuss Corp., SL v European Union Intellectual Property Office.#Case T-161/07.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 2 March 2007 (Joined Cases R 165/2006-2 and R 194/2006-2) concerning an opposition procedure between Ugly Inc. and Group Lottuss Corp., SL.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Group Lottuss Corp., SL to bear all its own costs, to pay four fifths of the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and to pay four fifths of the costs of Ugly Inc.;

3. Orders Ugly Inc. to bear one fifth of its own costs and to pay one fifth of OHIM’s costs.