Дело C-538/17: Murphy/EUIPO, Определение от 30 януари 2018 г.

Текст

... band) — Rejection of the application for a declaration of invalidity)

In Case C‑538/17 P,

APPEAL under Article 56 of the Statute of the Court of Justice of the European Union, brought on 13 September 2017,

Thomas Murphy, residing in Dublin (Ireland), represented by N. Travers, Senior Counsel, J. Gormley, Barrister-at-Law, and M. O’Connor, Solicitor,

appellant,

the other parties to the proceedings being:

European Union Intellectual Property Office (EUIPO),

defendant at first instance,

Nike Innovate CV, established in Beaverton (United States), represented by C. Spintig, S. Pietzcker and M. Prasse, Rechtsanwälte,

intervener at first instance,

THE COURT (Ninth Chamber),

composed of C. Vajda, President of the Chamber, E. Juhász and C. Lycourgos (Rapporteur), Judges,

Advocate General: M. Wathelet,

Registrar: A. Calot Escobar,

having decided, after hearing the Advocate General, to rule by reasoned order, in accordance with Article 181 of the Rules of Procedure of the Court,

makes the following

Order

1. By his appeal, Mr Thomas Murphy asks the Court to set aside the judgment of the General Court of the European Union of 4 July 2017, Murphy v EUIPO — Nike Innovate (electronic wristband) (T‑90/16, not published, ‘the judgment under appeal’, EU:T:2017:464), whereby the General Court dismissed his action seeking annulment of the decision of the Third Chamber of Appeal of the European Union Intellectual Property Office (EUIPO) of 19 November 2015 (Case R 736/2014-3), concerning invalidity proceedings between Mr Murphy and Nike Innovate CV.

2. In support of his appeal, the appellant puts forward a single ground ...