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Case T-173/21: Action brought on 31 March 2021 — Novelis Deutschland v EUIPO — Cuki Cofresco (grill dish)

ECLI:EU:UNKNOWN:62021TN0173

62021TN0173

March 31, 2021
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EN

Official Journal of the European Union

C 217/49

(Case T-173/21)

(2021/C 217/64)

Language in which the application was lodged: German

Parties

Applicant: Novelis Deutschland GmbH (Göttingen, Germany) (represented by: U. Herberth, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Cuki Cofresco Srl (Volpiano, Italy)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant

Design at issue: Community design No 516836-0007 (grill dish)

Contested decision: Decision of the Third Board of Appeal of EUIPO of 1 February 2021 in Case R 1856/2019-3

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

dismiss the application for a declaration that the contested Community design is invalid;

order EUIPO to pay the costs of the proceedings, including those incurred in the appeal proceedings.

Plea in law

Infringement of Article 6(1)(b) of Council Regulation (EC) No 6/2002.

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