Action brought on 24 November 2023 – DJO v EUIPO – Hallufix and Huber (Splints (for injured limbs))

(Case T-1102/23)

Language in which the application was lodged: German

Parties

Applicant: DJO LLC (Carlsbad, California, United States) (represented by: N. Schmitz, lawyer)

Defendant: European Union Intellectual Property Office

Other parties to the proceedings before the Board of Appeal: Hallufix AG (Munich, Germany), Vitus Maria Huber (Munich)

Details of the proceedings before EUIPO

Proprietor of the design at issue: Other party to the proceedings before the Board of Appeal

Design at issue: Community design (Splints (for injured limbs)) – Community design No 322 557-0001

Proceedings before EUIPO: Cancellation proceedings

Contested decision: Decision of the Third Board of Appeal of EUIPO of 25 September 2023 in Case R 1499/2022-3

Form of order sought

The applicant claims that the Court should:

uphold the action and amend the contested decision by annulling Community design No 322 557-0001;

alternatively, annul the contested decision;

order EUIPO to pay the costs.

Pleas in law

Infringement of Article 25(1)(b) in conjunction with Article 8(1) of Council Regulation (EC) No 6/2002;

Infringement of the jurisprudential principles of the General Court of the European Union in interpreting those provisions of Council Regulation (EC) No 6/2002.

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