Last-minute win for Lastminute

In Cases T-114/07 and 115/07, Last Minute Network Ltd v Office for Harmonisation in the Internal Market, Last Minute Tour SpA, the Court of First Instance of the European Communities allowed the appeal by tourism website Lastminute.com against the grant of a Community trade mark to Last Minute Tour for, among other things, hotel and tourism services. Lastminute.com sought to cancel the figurative mark under Article 8(4) of Regulation 40/94, citing its earlier unregistered mark LASTMINUTE.COM and maintaing that, on account of its earlier right, it would be entitled to prevent Last Minute Tour trading under the applied-for logo in the United Kingdom. The court's decision, annulling that of the Board of Appeal, reinstates the result first obtained by the Cancellation Division.