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Case T-1102/23: Action brought on 24 November 2023 — DJO v EUIPO — Hallufix and Huber (Splints (for injured limbs))
ECLI:EU:UNKNOWN:62023TN1102
62023TN1102
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Official Journal of the European Union
EN
Series C
C/2024/758
22.1.2024
(Case T-1102/23)
(C/2024/758)
Language in which the application was lodged: German
Parties
Applicant: DJO LLC (Carlsbad, California, United States) (represented by: N. Schmitz, lawyer)
Defendant: European Union Intellectual Property Office
Other parties to the proceedings before the Board of Appeal: Hallufix AG (Munich, Germany), Vitus Maria Huber (Munich)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal
Design at issue: Community design (Splints (for injured limbs)) — Community design No 322 557-0001
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 September 2023 in Case R 1499/2022-3
Form of order sought
The applicant claims that the Court should:
—uphold the action and amend the contested decision by annulling Community design No 322 557-0001;
—alternatively, annul the contested decision;
—order EUIPO to pay the costs.
Pleas in law
—Infringement of Article 25(1)(b) in conjunction with Article 8(1) of Council Regulation (EC) No 6/2002;
—Infringement of the jurisprudential principles of the General Court of the European Union in interpreting those provisions of Council Regulation (EC) No 6/2002.