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Case T-574/19: Judgment of the General Court of 18 November 2020 — Tinnus Enterprises v EUIPO — Mystic Products and Koopman International (Fluid distribution equipment) (Community design — Invalidity proceedings — Registered community design representing fluid distribution equipment — Ground for invalidity — Non-compliance with requirements for protection — Article 25(1)(b) of Regulation (EC) No 6/2002 — Features of appearance of a product solely dictated by its technical function — Article 8(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62019TA0574
62019TA0574
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Official Journal of the European Union
C 28/41
(Case T-574/19) (*)
(Community design - Invalidity proceedings - Registered community design representing fluid distribution equipment - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)
(2021/C 28/62)
Language of the case: English
Parties
Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: A. Odle and R. Palijama, lawyers, and J. St Ville, Barrister)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and A. Folliard-Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Koopman International BV (Amsterdam, Netherlands) (represented by: G. van den Bergh and B. Brouwer, lawyers)
Other party to the proceedings before the Board of Appeal of EUIPO: Mystic Products Import & Export, SL (Badalona, Spain)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 12 June 2019 (Case R 1002/2018-3), relating to invalidity proceedings between, on the one hand, Mystic Products Import & Export and Koopman International and, on the other, Tinnus Enterprises.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Tinnus Enterprises LLC to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV.
(*)
Language of the case: English
(1) OJ C 337, 7.10.2019.
ECLI:EU:C:2021:140