Disruption of business of Defendant, not a ground to deny injunction

Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…