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

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.