Judgment of the General Court (Fifth Chamber) of 4 July 2017

Data

Court: General Court

Case date: 4 juli 2017

Verdict

Judgment of the General Court (Fifth Chamber) of 4 July 2017 —
Murphy v EUIPO — Nike Innovate (Electronic wristband)

(Case T‑90/16)

"(Community design - Invalidity proceedings - Registered Community design representing an electronic wristband - Prior Community design - Ground for invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002 - Obligation to state reasons - Article 62 of Regulation No 6/2002)"

Community designsProcedural provisionsStatement of reasons for decisionsArticle 62, first sentence, of Regulation No 6/2002Scope identical to that of Article 296 TFEURecourse by the Board of Appeal to implicit reasoningLawfulnessConditions

(Art. 296 TFEU; Council Regulation No 6/2002, Art. 62)

(see paras 19-22)

Community designsGround for invalidityNo individual characterDesign not giving 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 36, 37)

Community designsGround for invalidityNo individual characterDesign not giving the informed user a different overall impression from that produced by the earlier designRepresentation of an electronic wristband

(Council Regulation No 6/2002, Arts 6(1), and 25(1)(b))

(see paras 41, 65, 70)

Community designsGround for invalidityNo individual characterDesign not giving the informed user a different overall impression from that produced by the earlier designGlobal assessment of all the elements of the prior design

(Council Regulation No 6/2002, Arts 6(1), and 25(1)(b))

(see paras 43, 55, 69)

Re:

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 19 November 2015 (Case R 736/2014–3), relating to invalidity proceedings between Mr Murphy and Nike Innovate.

Operative part

The Court:

Dismisses the action;

Orders Mr Thomas Murphy to pay the costs.