Translation of "mis en bouteille au domaine " (French → English) :

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’).

Furthermore, at paragraphs 82 and 81 of the judgments in T-109/08 and T-110/08 respectively, the Court held that, as regards the argument that none of the illustrations of the bottles of sparkling wine in the contested decisions referred to a bottle marketed at the time registration of the marks was sought, it was sufficient to point out that that argument was ineffective in so far as the Board of Appeal of OHIM had rightly stated, in those decisions, that ‘there [was] no history of wine producers having offered wine to the public in bottles without inscription, by solely or principally relying on the formal appearance of the bottle as t ...[+++]he indicator of the industrial or commercial origin of the product’.

Last night or the night before, at my own home, my wife put on the table a bottle of Fiji water, which I refused to drink.

At paragraphs 79 and 78 of the judgments in T-109/08 and T-110/08 respectively, the Court held that the assessments by the Board of Appeal, not disputed as such by Freixenet and based, on the one hand, on the fact that no bottle was sold without a label or equivalent and, on the other, on the fact that Freixenet itself used the mark FREIXENET on the bottles for which it sought registration as marks, confirmed the idea drawn from practical experience, namely that the colour and matting of the glass of the bottle could not ‘function as a trade mark’ for sparkling wine as regards the relevant public.

In the case of delivery of cylinders of LPG to households, it is common practice to replace empty cylinders with full ones — hence the number of customers and their individual consignments are unknown at the beginning of the transport operation.

Quebec can still require that all wine sold in grocery stores be bottled in that province.