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Case T-159/19: Judgment of the General Court of 27 February 2020 — Bog-Fran v EUIPO — Fabryki Mebli ‘Forte’ (Furniture) (Community design — Invalidity proceedings — Registered Community design representing an item of furniture — Ground for invalidity — No individual character — Disclosure of the earlier design — Proof of disclosure — Article 7 and Article 25(1)(b) of Regulation (EC) No 6/2002)
ECLI:EU:UNKNOWN:62019TA0159
62019TA0159
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Official Journal of the European Union
C 114/7
(Case T-159/19) (*)
(Community design - Invalidity proceedings - Registered Community design representing an item of furniture - Ground for invalidity - No individual character - Disclosure of the earlier design - Proof of disclosure - Article 7 and Article 25(1)(b) of Regulation (EC) No 6/2002)
(2020/C 114/04)
Language of the case: English
Parties
Applicant: Bog-Fran sp. z o.o. sp.k. (Warsaw, Poland) (represented by: M. Mikosza, lawyer)
Defendant: European Union Intellectual Property Office (represented by: D. Gája and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Fabryki Mebli ‘Forte’ S.A. (Ostrów Mazowiecka, Poland) (represented by: H. Basiński, lawyer)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 14 January 2019 (Case R 291/2018-3), relating to invalidity proceedings between Bog-Fran and Fabryki Mebli ‘Forte’.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 January 2019 (Case R 291/2018-3), relating to invalidity proceedings between Bog-Fran sp. z o.o. sp.k. and Fabryki Mebli ‘Forte’ S.A.;
2.Dismisses the action as to the remainder;
3.Orders EUIPO to bear its own costs and to pay those incurred by Bog-Fran;
4.Orders Fabryki Mebli ‘Forte’ to bear its own costs.
(*)
Language of the case: English.
(1) OJ C 155, 6.5.2019.