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Case T-505/21: Judgment of the General Court of 29 March 2023 — Tinnus Enterprises v EUIPO — Mystic Products (Fluid distribution equipment) (Community design — Invalidity proceedings — Registered Community design representing fluid distribution equipment — Ground for invalidity — Non-compliance with requirements for protection — Article 25(1)(b) of Regulation (EC) No 6/2002 — Features of appearance of a product solely dictated by its technical function — Article 8(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62021TA0505
62021TA0505
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22.5.2023
Official Journal of the European Union
C 179/30
(Case T-505/21) (*)
(Community design - Invalidity proceedings - Registered Community design representing fluid distribution equipment - Ground for invalidity - Non-compliance with requirements for protection - Article 25(1)(b) of Regulation (EC) No 6/2002 - Features of appearance of a product solely dictated by its technical function - Article 8(1) of Regulation No 6/2002)
(2023/C 179/42)
Language of the case: English
Parties
Applicant: Tinnus Enterprises LLC (Plano, Texas, United States) (represented by: T. Wuttke and J. Lewandowski, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO: Mystic Products Import & Export, SL (Badalona, Spain)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment and alteration of the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 9 June 2021 (Case R 1003/2018-3).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).
(*)
Language of the case: English
OJ C 401, 4.10.2021.
* * *
(*) Language of the case: English.