Judgment — ECLI:EU:T:2018:137
Date: 2018-03-14
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded

summary of the pleas in law on which the application is based – Similar requirements for submissions made in support of a plea (Statute of the Court of Justice, Arts 21, first para. and 53, first para.; Rules of Procedure of the General Court, Art. 76(1)(d)) (see paras 22-24) 3. Community designs – Procedural provisions – Examination of the facts of the Office’s own motion – Facts and evidence not submitted in time – Account taken – Power of assessment of the Office (Council Regulation No 6/2002, Art. 63(2)) (see paras 31-34) 4. Community designs – Ground for invalidity – Lack of novelty – Previous disclosure of identical design – Additional evidence adduced before the Board of Appeal – Representation of a shoe (Council Regulation No 6/2002, Arts 5, 7 and 63(2)) (see paras 36, 52, 63, 65, 70, 71) 5. Community designs – Ground for invalidity – Lack of novelty – Disclosure to the public – Exception – Facts not reasonably capable of being known to specialist circles of the sector concerned – Events taking place outside the EU – Criteria for assessment (Council Regulation No 6/2002, Art. 7(1)) (see paras 47, 51, 55, 56) Re: ACTION brought against the decision of the Third Board of Appeal of EUIPO of 6 June 2016 (Case R 853/2014-3), relating to invalidity proceedings between Gifi Diffusion and Crocs. Operative part The Court: 1. Dismisses the action; 2. Orders Crocs, Inc. to bear its own costs and pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Gifi Diffusion in the proceedings before the General Court.