Traduction de «bouteille en forme vichy » (Français → Anglais) :

Vichy-bottle | Vichyshaped bottle

By its appeals, Freixenet SA (‘Freixenet’) seeks to have set aside the judgments of the General Court of the European Union of the 27 April 2010, in Case T-109/08 Freixenet v OHIM (Frosted white bottle) (‘the judgment in T-109/08’), and in Case T-110/08 Freixenet v OHIM (Frosted black matt bottle) (‘the judgment in T‑110/08’) (together, ‘the judgments under appeal’), by which the Court dismissed its actions against, respectively, the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 October 2007 (case R 97/2001-1) and of 20 November 2007 (case R 104/2001-1 ...[+++]), concerning applications for registration of signs representing a frosted white bottle and a frosted black matt bottle as Community trade marks (‘the contested decisions’).

By judgments of 4 October 2006, in Case T-190/04 Freixenet v OHIM (Shape of a frosted white bottle) and Case T-188/04 Freixenet v OHIM (Shape of a frosted black matt bottle), the Court annulled those decisions, holding that the Board of Appeal had infringed Article 73 of Regulation No 40/94 and the principle of the rights of defence.

As regards the second part of the first plea, alleging infringement of the right to be heard referred to in the second sentence of Article 73 of Regulation No 40/94, the General Court noted, at paragraphs 44 of the judgments under appeal, that according to the First Board of Appeal the essential element allowing the relevant consumer to identify the origin of the product is the label affixed to the bottle of sparkling wine rather than the shape of the bottle or its appearance.

We succeeded, moreover, in incorporating a safeguard into the wine-market regulations which protects the Bocksbeutel, the specially shaped bottles used in my home region of Franconia.