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Case T-63/23: Action brought on 10 February 2023 — SunPower v EUIPO — ZO (*) (Solar panels (part of -))
ECLI:EU:UNKNOWN:62023TN0063
62023TN0063
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EN
Official Journal of the European Union
C 121/10
Action brought on 10 February 2023 — SunPower v EUIPO — ZO *1 (Solar panels (part of -))
(Case T-63/23)
(2023/C 121/14)
Language in which the application was lodged: English
Parties
Applicant: SunPower Corp. (San Jose, California, United States) (represented by: U. Lüken and J. Bärenfänger, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: ZO *1
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant before the General Court
Design at issue: Community design 2684043-0002
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 9 December 2022 in Case R 1589/2021-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and declare the design at issue valid;
—alternatively, annul the contested decision and remit the case to the Third Board of Appeal of EUIPO;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 3(a) of Council Regulation (EC) No 6/2002 in relation to the subject matter of protection;
—Infringement of Article 25(1)(b) in conjunction with Article 6 of Council Regulation (EC) No 6/2002 in relation to the individual character of the design at issue.
*1 Information erased or replaced within the framework of protection of personal data and/or confidentiality.