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Judgment of the General Court (Fifth Chamber) of 21 June 2017

Judgment of the General Court (Fifth Chamber) of 21 June 2017

Data

Court
General Court
Case date
21 juni 2017

Verdict

Judgment of the General Court (Fifth Chamber) of 21 June 2017 —
Kneidinger v EUIPO — Topseat International (toilet seat)

(Case T‑286/16)

"(Community design - Invalidity proceedings - Registered Community design representing a toilet seat - Earlier Community design - Ground for invalidity - Individual character - Article 6 of Regulation (EC) No 6/2002)"

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

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

(see paras 15-17, 35, 45)

Community designsGround for invalidityNo individual characterDesign not giving 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 19, 20)

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 25, 26)

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

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

(see paras 40-43, 45, 50)

Re:

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 5 April 2016 (Case R 1030/2015-3), relating to invalidity proceedings between Topseat International and Mr Kneidinger.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders Mr Ernst Kneidinger to pay the costs.