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Case T-823/19: Action brought on 4 December 2019 — JMS Sports v EUIPO — Inter-Vion (Spiral hair elastics)
ECLI:EU:UNKNOWN:62019TN0823
62019TN0823
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17.2.2020
EN
Official Journal of the European Union
C 54/53
(Case T-823/19)
(2020/C 54/59)
Language in which the application was lodged: Polish
Parties
Applicant: JMS Sports sp. z o.o. (Łódź, Poland) (represented by: D. Piróg and J. Słupski, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Inter-Vion S.A. (Warsaw, Poland)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant before the Court
Design at issue: Community design (spiral hair elastics) — Community design No 1723 677-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 13 September 2019 in Case R 1573/2018-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO to pay the costs, including the costs incurred by the applicant in the proceedings before the Board of Appeal of EUIPO;
—order the intervener, in the event of intervention, to bear its own costs.
Pleas in law
—Infringement of Article 5(1) in connection with Article 7(1) of Council Regulation (EC) No 6/2002;
—Infringement of the rules governing the burden of proof;
—Infringement of the principle of equality of arms.