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Case T-228/25: Action brought on 7 April 2025 – Crocs v EUIPO – Gor Factory (Footwear)
ECLI:EU:UNKNOWN:62025TN0228
62025TN0228
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Official Journal of the European Union
EN
C series
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C/2025/3064
10.6.2025
(Case T-228/25)
(C/2025/3064)
Language in which the application was lodged: English
Parties
Applicant: Crocs, Inc. (Broomfield, Colorado, United States) (represented by: H. Haouideg, J. Guise, M. Berger and N. Hadjadj Cazier, lawyers)
Defendant: European Union Intellectual Property Office
Other party to the proceedings before the Board of Appeal: Gor Factory, SA (Fortuna, Spain)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant before the General Court
Design at issue: EU design Footwear – EU design No 257 001-0001
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 February 2025 in Case R 590/2024-3
Form of order sought
The applicant claims that the Court should:
—alter the contested decision to find that the contested registered EU design does produce a different overall impression in comparison to the prior design, allow the applicant’s appeal and reverse the decision of the Invalidity Division;
—in the alternative, annul the contested decision on the grounds that the Office erred in finding that the contested registered EU design does not produce a different overall impression to the prior design and remit the case back to the Office for further consideration;
—make an award of costs in favour of the applicant.
Plea in law
—Infringement of Article 6(1)(b) Council Regulation (EC) No 6/2002.
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ELI: http://data.europa.eu/eli/C/2025/3064/oj
ISSN 1977-091X (electronic edition)
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