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Case T-424/16: Judgment of the General Court of 14 March 2018 — Gifi Diffusion v EUIPO — Crocs (Footwear) (Community design — Invalidity proceedings — Registered Community design representing footwear — Earlier Community design — Grounds for invalidity — Duty to state reasons — Article 62 of Regulation (EC) No 6/2002 — Ground raised by the Board of Appeal of its own motion — Powers of the Board of Appeal — Article 63(1) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62016TA0424
62016TA0424
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30.4.2018
Official Journal of the European Union
C 152/29
(Case T-424/16) (<span class="super note-tag">1</span>)
((Community design - Invalidity proceedings - Registered Community design representing footwear - Earlier Community design - Grounds for invalidity - Duty to state reasons - Article 62 of Regulation (EC) No 6/2002 - Ground raised by the Board of Appeal of its own motion - Powers of the Board of Appeal - Article 63(1) of Regulation No 6/2002))
(2018/C 152/35)
Language of the case: English
Parties
Applicant: Gifi Diffusion (Villeneuve-sur-Lot, France) (represented by: C. de Chassey, lawyer)
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, intervener before the General Court: Crocs, Inc. (Niwot, Colorado, United States) (represented by: H. Seymour, L. Cassidy, J. Guise and D. Knight, Solicitors, N. Hadjadj Cazier, M. Berger and H. Haouideg, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 25 April 2016 (Case R 37/2015-3), relating to invalidity proceedings between Gifi Diffusion and Crocs.
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 25 April 2016 (Case R 37/2015-3) concerning invalidity proceedings between Gifi Diffusion and Crocs, Inc.;
2.Orders EUIPO to bear its own costs and pay those incurred by Gifi Diffusion in the proceedings before the General Court;
3.Orders Crocs to bear its own costs.
(<span class="note">1</span>) OJ C 392, 24.10.2016.