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Case T-823/19: Judgment of the General Court of 20 October 2021 — JMS Sports v EUIPO — Inter-Vion (Spiral hair elastics) (Community design — Invalidity proceedings — Registered community design representing a spiral hair elastic — Disclosure of the earlier designs — Disclosure on the Internet — Article 7(1) of Regulation (EC) No 6/2002 — Equality of arms — Evidence submitted for the first time before the General Court)
ECLI:EU:UNKNOWN:62019TA0823
62019TA0823
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13.12.2021
Official Journal of the European Union
C 502/21
(Case T-823/19) (*)
(Community design - Invalidity proceedings - Registered community design representing a spiral hair elastic - Disclosure of the earlier designs - Disclosure on the Internet - Article 7(1) of Regulation (EC) No 6/2002 - Equality of arms - Evidence submitted for the first time before the General Court)
(2021/C 502/31)
Language of the case: Polish
Parties
Applicant: JMS Sports sp. z o.o. (Łódź, Poland) (represented by: D. Piróg and J. Słupski, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Inter-Vion S.A. (Warsaw, Poland) (represented by: T. Grucelski and T. Gawliczek, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 13 September 2019 (Case R 1573/2018-3), relating to invalidity proceedings between Inter-Vion and JMS Sports.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders JMS Sports sp. z o.o. to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Inter-Vion S.A.
(*) Language of the case: Polish.
(1) OJ C 54, 17.2.2020.
ECLI:EU:C:2021:140