Source: EURLEX
Language: en
Format: md

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| 27.11.2017 | EN | Official Journal of the European Union | C 402/50 |

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Action brought on 25 September 2017 — Mamas and Papas v EUIPO — Wall-Budden (Cot bumpers)

(Case T-672/17)

(2017/C 402/66)

Language in which the application was lodged: English

Parties

Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister and B. Whitehead, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Jane Wall-Budden (Byfleet, United Kingdom)

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 of cot bumpers — Community design No 1230460-0001

Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 July 2017 in Case R 208/2016-3

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | declare Community Registered Design No 1230460-0001 invalid; |

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| — | order the design holder to bear the costs and fees of the applicant in the invalidity and appeal proceedings. |

Pleas in law

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| — | Infringement of Article 7(1) of Regulation No 6/2002; |

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| — | Infringement of Articles 3 and 4 of Regulation No 6/2002; |

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| — | The Board of Appeal failed to give less weight to features not visible in use; |

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| — | Infringement of article 8(1) of Regulation No 6/2002. |

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