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:
-
Dismisses the action;
-
Orders Mr Ernst Kneidinger to pay the costs.