3.12.2018
EN
Official Journal of the European Union
C 436/48
Judgment of the General Court of 23 October 2018 — Mamas and Papas v EUIPO — Wall-Budden (Cot bumpers)
(Case T-672/17) (1)
((Community design - Invalidity proceedings - Registered Community design representing a cot bumper - Examination by the Board of Appeal of its own motion of the facts constituting disclosure - Principle of functional continuity - Insufficient evidence to establish disclosure))
(2018/C 436/68)
Language of the case: English
Parties
Applicant: Mamas and Papas Ltd (Huddersfield, United Kingdom) (represented by: J. Reid, Barrister, and by B. Whitehead, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, D. Walicka and A. Folliard-Monguiral, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Jane Wall-Budden (Byfleet, United Kingdom)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 25 July 2017 (Case R 208/2016-3), relating to invalidity proceedings between Mamas and Papas and Jane Wall-Budden.
Operative part of the judgment
The Court:
1.
Dismisses the action;
2.
Orders Mamas and Papas Ltd to bear the costs.
(1) OJ C 402, 27.11.2017.
Full & Egal Universal Law Academy