Source: EURLEX
Language: en
Format: md

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| 9.1.2023 | EN | Official Journal of the European Union | C 7/32 |

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Action brought on 11 October 2022 — Canalones Castilla v EUIPO — Canalones Novokanal (Water-collection guttering; waterspouts)

(Case T-329/22)

(2023/C 7/41)

Language in which the application was lodged: Spanish

Parties

Applicant: Canalones Castilla, SL (Madrid, Spain) (represented by: F. J. Serrano Irurzun, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Canalones Novokanal, SL (Madrid, Spain)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant

Design at issue: Community design (Water-collection guttering; waterspouts) — Community design No 363 486-0001

Proceedings before EUIPO: Invalidity proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 April 2022 in Case R 1122/2021-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | if the applicant’s claims are rejected in their entirety, order, in ruling as to costs in the decision closing the proceedings, that the other parties must bear their own costs. |

Pleas in law

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| — | The prior disclosure of the design submitted by the invalidity applicant has not been sufficiently established. |

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| — | In the alternative, the design submitted by the invalidity applicant as a prior design does not produce the same overall impression as the design at issue. |

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| — | In the alternative, the disclosure was abusive due to infringement of copyright. |

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