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Case T-498/21: Action brought on 16 August 2021 — Lotion v EUIPO (BLACK IRISH)
ECLI:EU:UNKNOWN:62021TN0498
62021TN0498
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Valentina R., lawyer
27.9.2021
EN
Official Journal of the European Union
C 391/26
(Case T-498/21)
(2021/C 391/36)
Language of the case: English
Parties
Applicant: Lotion LLC (Woodland Hills, California, United States) (represented by: A. Deutsch, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Details of the proceedings before EUIPO
Trade mark at issue: Application for European Union word mark BLACK IRISH — Application for registration No 18 189 156
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 7 June 2021 in Case R 199/2021-5
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—allow the contested application for the contested goods and those goods currently claimed in the application;
—order EUIPO to pay the costs incurred by the applicant including in the proceedings before the Board of Appeal.
Pleas in law
—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 94 of Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of general principles of European Union law, in particular the principle of equal treatment and the principle of sound administration.