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Case T-672/17: Action brought on 25 September 2017 — Mamas and Papas v EUIPO — Wall-Budden (Cot bumpers)
ECLI:EU:UNKNOWN:62017TN0672
62017TN0672
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27.11.2017
Official Journal of the European Union
C 402/50
(Case T-672/17)
(2017/C 402/66)
Language in which the application was lodged: English
Parties
Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister and B. Whitehead, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Jane Wall-Budden (Byfleet, United Kingdom)
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 of cot bumpers — Community design No 1230460-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 July 2017 in Case R 208/2016-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—declare Community Registered Design No 1230460-0001 invalid;
—order the design holder to bear the costs and fees of the applicant in the invalidity and appeal proceedings.
Pleas in law
—Infringement of Article 7(1) of Regulation No 6/2002;
—Infringement of Articles 3 and 4 of Regulation No 6/2002;
—The Board of Appeal failed to give less weight to features not visible in use;
—Infringement of article 8(1) of Regulation No 6/2002.