Source: EURLEX
Language: en
Format: md

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| 20.5.2019 | EN | Official Journal of the European Union | C 172/31 |

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Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole)

(Case T-611/17) [(1)](#ntr1-C_2019172EN.01003101-E0001)

(EU trade mark - Invalidity proceedings - Three-dimensional EU trade mark - Shape of a shoe sole - Well known facts - Obligation to state reasons - Rights of defence - Article 75 of Regulation (EC) No 207/2009 (now Article 94(1) of Regulation (EU) 2017/1001) - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation No 207/2009 (now Article 7(1)(b) of Regulation 2017/1001) - Distinctive character acquired through use - Article 7(3) and Article 52(2) of Regulation No 207/2009 (now Article 7(3) and Article 59(2) of Regulation 2017/1001) - Rejection of the request to hold a hearing before the Board of Appeal - Article 77 of Regulation No 207/2009 (now Article 96(1) of Regulation 2017/1001)

(2019/C 172/43)

Language of the case: French

Parties

Applicant: All Star CV (Beaverton, Oregon, United States) (represented by: R. Kunze, G. Würtenberger, lawyers, and S. Malynicz QC)

Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Carrefour Hypermarchés (Évry, France) (represented by: C. Verneret, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 27 June 2017 (Case R 952/2014-4), relating to invalidity proceedings between Carrefour Hypermarchés and All Star.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders All Star CV to pay the costs. |

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