Mamas and Papas Ltd v European Union Intellectual Property Office

European Union – Design. In invalidity proceedings between Mamas and Papas Ltd (Mamas and Papas), established in the UK, and another UK party (JWB) relating to a registered Community design held by JWB, intended to be incorporated into cot bumpers, the Third Board of Appeal of the European Union Intellectual Property Office had correctly found that the evidence submitted by Mamas and Papas had not established that the earlier design, namely Bumpster 1, relied on by that company, had been disclosed before the date of filing of the application for registration of the contested design. Consequently, the General Court of the European Union dismissed Mamas and Papas' appeal against the Board's decision to uphold the rejection of that company's application for a declaration of invalidity in relation to that contested design.

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