CELEX: 62017TA0611
Language: en
Date: 2019-03-29 00:00:00
Title: Case T-611/17: Judgment of the General Court of 29 March 2019 — All Star v EUIPO — Carrefour Hypermarchés (Shape of a shoe sole) (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)

20.5.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 172/31
            
         
      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)
      
      (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:
      
                  1.
               
               
                  
                     Dismisses the action;
                  
               
            
                  2.
               
               
                  
                     Orders All Star CV to pay the costs.
                  
               
            
         (1)  OJ C 374, 6.11.2017.