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Case T-651/16: Action brought on 14 September 2016 — Crocs v EUIPO — Gifi Diffusion (Footwear)
ECLI:EU:UNKNOWN:62016TN0651
62016TN0651
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Valentina R., lawyer
7.11.2016
EN
Official Journal of the European Union
C 410/23
(Case T-651/16)
(2016/C 410/33)
Language in which the application was lodged: English
Parties
Applicant: Crocs, Inc. (Niwot, Colorado, United States) (represented by: J. Guise, D. Knight, L. Cassidy, H. Seymour, Solicitors, M. Berger, N. Hadjadj Cazier, H. Haouideg, lawyers)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Gifi Diffusion (Villeneuve-sur-Lot, France)
Details of the proceedings before EUIPO
Proprietor of the design at issue: Applicant
Design at issue: Community design ‘Footwear’ — Community design No 257 001-0001
Contested decision: Decision of the Third Board of Appeal of EUIPO of 06/06/2016 in Case R 853/2014-3
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and find that the website disclosures did not constitute a prior disclosure within the meaning of Article 7; upheld the contested registered Community design and dismiss the application for a declaration of invalidity;
—make an award of costs in its favour.
Pleas in law
—Infringement of Article 63(1) of Regulation No 6/2002;
—Infringement of Article 7 of Regulation No 6/2002.