Invalidity appeal · Board of Appeal · 2025-07-15
R0523/2025-3
Contested design: 003400472-0001
Outcome
The Board notes the withdrawal of the invalidity application, closes the invalidity and appeal proceedings, and notes the parties' agreement on costs.
Show verbatim operative text
Takes note of the withdrawal of the application for a declaration of invalidity. Declares the invalidity and appeal proceedings closed. Takes note of the agreement on costs concluded by the parties.
CostsNo costs order
Parties
Applicant · invalidity challenger
Alfredo Langellavia PDF extraction
Italy (IT)
Via delle Rondini, 95, 00169 Roma, Italy
Represented by
Holder · RCD owner
NIKE Innovate C.V.via PDF extraction
United States (US)
One Bowerman Drive, 97005-6453 Beaverton, United States
Represented by
Legal grounds invoked
Argument summary
- ›The design holder appealed the Invalidity Division's decision declaring REUD No 3 400 472-0001 invalid and sought to have that decision set aside.
- ›Before the appeal was decided, the invalidity applicant withdrew the invalidity application and informed the Board that the parties had reached agreement, including on costs.
- ›The Board held that the withdrawal deprived both the invalidity and appeal proceedings of purpose, so the case had to be closed and the contested decision could not take effect.
- ›The Board closed the proceedings and made no costs order because the parties had already agreed costs between themselves.
Deciding panel
- ChairG. Humphreys Bacon
- RapporteurS. Rizzo
- MemberA. González Fernández
- RegistrarK. Zajfert
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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