Source: EURLEX
Language: en
Format: md

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| 17.2.2020 | EN | Official Journal of the European Union | C 54/53 |

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Action brought on 4 December 2019 — JMS Sports v EUIPO — Inter-Vion (Spiral hair elastics)

(Case T-823/19)

(2020/C 54/59)

Language in which the application was lodged: Polish

Parties

Applicant: JMS Sports sp. z o.o. (Łódź, Poland) (represented by: D. Piróg and J. Słupski, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Inter-Vion S.A. (Warsaw, Poland)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the Court

Design at issue: Community design (spiral hair elastics) — Community design No 1723 677-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 13 September 2019 in Case R 1573/2018-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | order EUIPO to pay the costs, including the costs incurred by the applicant in the proceedings before the Board of Appeal of EUIPO; |

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| — | order the intervener, in the event of intervention, to bear its own costs. |

Pleas in law

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| — | Infringement of Article 5(1) in connection with Article 7(1) of Council Regulation (EC) No 6/2002; |

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| — | Infringement of the rules governing the burden of proof; |

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| — | Infringement of the principle of equality of arms. |

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