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(Case T-672/17) (*)
((Community design - Invalidity proceedings - Registered Community design representing a cot bumper - Examination by the Board of Appeal of its own motion of the facts constituting disclosure - Principle of functional continuity - Insufficient evidence to establish disclosure))
(2018/C 436/68)
Language of the case: English
Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister, and by B. Whitehead, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, D. Walicka and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Jane Wall-Budden (Byfleet, United Kingdom)
Action brought against the decision of the Third Board of Appeal of EUIPO of 25 July 2017 (Case R 208/2016-3), relating to invalidity proceedings between Mamas and Papas and Jane Wall-Budden.
The Court:
1.Dismisses the action;
2.Orders Mamas and Papas Ltd to bear the costs.
(*)
Language of the case: English.
ECLI:EU:C:2018:140