Judgment of the General Court of 20 October 2021 – JMS Sports v EUIPO – Inter-Vion (Spiral hair elastics)
(Case T-823/19) 1
(Community design – Invalidity proceedings – Registered community design representing a spiral hair elastic – Disclosure of the earlier designs – Disclosure on the Internet – Article 7(1) of Regulation (EC) No 6/2002 – Equality of arms – Evidence submitted for the first time before the General Court)
Language of the case: Polish
Parties
Applicant: JMS Sports sp. z o.o. (Łódź, Poland) (represented by: D. Piróg and J. Słupski, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Śliwińska and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Inter-Vion S.A. (Warsaw, Poland) (represented by: T. Grucelski and T. Gawliczek, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 13 September 2019 (Case R 1573/2018-3), relating to invalidity proceedings between Inter-Vion and JMS Sports.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders JMS Sports sp. z o.o. to bear its own costs and to pay the costs incurred by the European Union Intellectual Property Office (EUIPO) and by Inter-Vion S.A.
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1 OJ C 54, 17.2.2020.