Action brought on 7 April 2025 – Crocs v EUIPO – Gor Factory (Footwear)

(Case T-228/25)

(C/2025/3064)

Language in which the application was lodged: English

Parties

Applicant: Crocs, Inc. (Broomfield, Colorado, United States) (represented by: H. Haouideg, J. Guise, M. Berger and N. Hadjadj Cazier, lawyers)

Defendant: European Union Intellectual Property Office

Other party to the proceedings before the Board of Appeal: Gor Factory, SA (Fortuna, Spain)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Applicant before the General Court

Design at issue: EU design Footwear – EU design No 257 001-0001

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 5 February 2025 in Case R 590/2024-3

Form of order sought

The applicant claims that the Court should:

—	alter the contested decision to find that the contested registered EU design does produce a different overall impression in comparison to the prior design, allow the applicant’s appeal and reverse the decision of the Invalidity Division;

—	in the alternative, annul the contested decision on the grounds that the Office erred in finding that the contested registered EU design does not produce a different overall impression to the prior design and remit the case back to the Office for further consideration;

—	make an award of costs in favour of the applicant.

Plea in law

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