Judgment of the General Court (Fifth Chamber) of 29 October 2015

Data

Court: General Court

Case date: 29 oktober 2015

Verdict

Judgment of the General Court (Fifth Chamber) of 29 October 2015 —

Roca Sanitario v OHIM — Villeroy & Boch (Single control handle faucet)

(Case T‑334/14)

"Community design - Invalidity proceedings - Registered Community design representing a single control handle faucet - Earlier Community design - Ground for invalidity - Individual character - Informed user - Degree of freedom of the designer - No scope for innovation - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002"

Community designsGround for invalidityNo individual characterDesign not producing on the informed user a different overall impression from that produced by the earlier designOverall assessment of all the elements presented by the earlier design (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 16, 17, 58)

Community designsGround for invalidityNo individual characterDesign not producing on the informed user a different overall impression from that produced by the earlier designInformed userConcept (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 18, 23-26)

Community designsGround for invalidityNo individual characterDesign not producing on the informed user a different overall impression from that produced by the earlier designCriteria for assessmentCreative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see paras 35, 36)

Community designsGround for invalidityNo individual characterDesign not producing on the informed user a different overall impression from that produced by the earlier designSaturation of the state of the artRelevance (see para. 83)

Re:

ACTION brought against the decision of the Third Board of Appeal of OHIM of 21 February 2014 (Case R 812/2012-3), concerning invalidity proceedings between Villeroy & Boch AG and Roca Sanitario, SA.

Operative part

The Court:

Dismisses the action;

Orders Roca Sanitario, SA, to pay the costs.