Source: EURLEX
Language: en
Format: md

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| European flag | Official Journal  of the European Union | EN  Series C |

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|  | C/2024/758 | 22.1.2024 |

Action brought on 24 November 2023 — DJO v EUIPO — Hallufix and Huber (Splints (for injured limbs))

(Case T-1102/23)

(C/2024/758)

Language in which the application was lodged: German

Parties

Applicant: DJO LLC (Carlsbad, California, United States) (represented by: N. Schmitz, lawyer)

Defendant: European Union Intellectual Property Office

Other parties to the proceedings before the Board of Appeal: Hallufix AG (Munich, Germany), Vitus Maria Huber (Munich)

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 (Splints (for injured limbs)) — Community design No 322 557-0001

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 September 2023 in Case R 1499/2022-3

Form of order sought

The applicant claims that the Court should:

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| — | uphold the action and amend the contested decision by annulling Community design No 322 557-0001; |

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| — | alternatively, annul the contested decision; |

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| — | order EUIPO to pay the costs. |

Pleas in law

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| — | Infringement of Article 25(1)(b) in conjunction with Article 8(1) of Council Regulation (EC) No 6/2002; |

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| — | Infringement of the jurisprudential principles of the General Court of the European Union in interpreting those provisions of Council Regulation (EC) No 6/2002. |

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