Judgment — ECLI:EU:T:2018:707
Date: 2018-10-23
Language of the case: English
Court formation: Second Chamber
Subject matter: Intellectual, industrial and commercial property;Designs
Procedure: Action for annulment - unfounded
Origin: United Kingdom

Action brought on 25 September 2017 – Mamas and Papas v EUIPO – Wall-Budden (Cot bumpers) (Case T-672/17) Language in which the application was lodged: English Parties Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister and B. Whitehead, Solicitor) Defendant: European Union Intellectual Property Office (EUIPO) Other party to the proceedings before the Board of Appeal: Jane Wall-Budden (Byfleet, United Kingdom) Details of the proceedings before EUIPO Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal Design at issue: Community design of cot bumpers − Community design No 1230460-0001 Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 July 2017 in Case R 208/2016-3 Form of order sought The applicant claims that the Court should: annul the contested decision; declare Community Registered Design No 1230460-0001 invalid; order the design holder to bear the costs and fees of the applicant in the invalidity and appeal proceedings. Pleas in law Infringement of Article 7(1) of Regulation No 6/2002; Infringement of Articles 3 and 4 of Regulation No 6/2002; The Board of Appeal failed to give less weight to features not visible in use; Infringement of article 8(1) of Regulation No 6/2002. ____________