Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 7.10.2019 | EN | Official Journal of the European Union | C 337/20 |

---

Action brought on 16 August 2019 – Tinnus Enterprises v EUIPO – Mystic Products Import & Export and Koopman International (Fluid distribution equipment)

(Case T-574/19)

(2019/C 337/21)

Language of the case: English

Parties

Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: A. Odle, lawyer and J. St Ville, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Other parties to the proceedings before the Board of Appeal: Mystic Products Import & Export, SL (Badalona, Spain), Koopman International BV (Amsterdam, Netherlands)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: Community design No 1431 829-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 12 June 2019 in Case R 1002/2018-3

Form of order sought

The applicant claims that the Court should:

|  |  |
| --- | --- |
| — | annul the contested decision; |

|  |  |
| --- | --- |
| — | alter the contested decision to: (i) allow the applicant’s appeal; (ii) dismiss in its entirety the invalidity applicants’ applications ICD 10292 and ICD 10689 to declare the RCD an issue invalid; (iii) order the invalidity applicants to pay the applicant’s costs in front of the Board of Appeal and the Invalidity Division; (iv) alternatively remit to the Invalidity Division to address Article 4(1) CDR. |

|  |  |
| --- | --- |
| — | order the payment the appellant’s fees and costs. |

Plea in law

|  |  |
| --- | --- |
| — | Infringement of Article 8(1) and of Recital 10 of Council Regulation (EC) No 6/2002. |

---

[Top](#document1)