Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... d of Appeal of its own motion of the facts constituting disclosure — Principle of functional continuity — Insufficient evidence to establish disclosure)

In Case T‑672/17,

Mamas and Papas Ltd, established in Huddersfield (United Kingdom), represented by J. Reid, Barrister, and by B. Whitehead, Solicitor,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by V. Ruzek, D. Walicka and A. Folliard-Monguiral, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Jane Wall-Budden, established in Byfleet (United Kingdom),

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,

THE GENERAL COURT (Second Chamber),

composed of M. Prek, President, F. Schalin and M.J. Costeira (Rapporteur), Judges,

Registrar: I. Dragan,

having regard to the application lodged at the Court Registry on 25 September 2017,

having regard to the response lodged at the Court Registry on 20 December 2017,

further to the hearing on 26 June 2018,

gives the following

Judgment

Background to the dispute

1. Jane Wall-Budden is the holder of the Community design filed with the Office of the European Union for Intellectual Property (EUIPO) on 18 August 2010 and registered under number 1230460-0001 (‘the contested design’) pursuant to Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).

2. The contested design is represented in the following seven coloured views:

3. The ...