30.4.2018 |
EN |
Official Journal of the European Union |
C 152/29 |
Judgment of the General Court of 14 March 2018 — Gifi Diffusion v EUIPO — Crocs (Footwear)
(Case T-424/16) (1)
((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. |