Invalidity appeal · Board of Appeal · 2019-07-23

R2750/2017-3

Contested design: 003023381-0006

CDRAppellant: applicantmedium-confidence extraction

Outcome

Appeal dismissed

The appeal is dismissed and the invalidity applicant must bear the owner's costs.

Show verbatim operative text

Dismissed the appeal. Orders the applicant for a declaration of invalidity to bear the costs of the owner.

CostsApplicant ordered to pay costs

Applicant · invalidity challenger

FABULOUS CIPHER, LDA.via PDF extraction

Portugal (PT)

Rua da Mabor, 104, Braga- Villanova de Famalicao — Lousado, 4760 813 Lousado, Portugal

Represented by

Holder · RCD owner

PARFOIS — Barata & RAMILO, S.A.via PDF extraction

Portugal (PT)

Rua do Sistelo, 755 — Place of Santegeches, 4435-429 Rio Tinto, Portugal

Represented by

Web disclosure

Mulberry store interior design

www.pinterest.com · Pinterest · disclosed 2016-01-11

Article 25(1)(b)Article 6Article 7

›Applicant appealed, arguing the Invalidity Division wrongly rejected disclosure of the earlier Mulberry store design and that added web evidence and the expert report supported invalidity.
›Holder sought dismissal, saying the Coach image differed from Mulberry and that colours, fittings, layout, merchandise density and lighting created a different overall impression.
›Board held only the specifically pleaded Mulberry design could be assessed; the other designs appearing only in the expert report were rejected as evidence, but Pinterest disclosure on 2016-01-11 was proven.
›Comparing the designs globally, the Board found clear differences in atmosphere, shelving, central furniture, product density and lighting, so the prior design did not destroy individual character and the appeal failed.

Language	Type	Source link
enEnglish (en)	machine translated	Download original from EUIPO ↗
frfrançais (fr)	machine translated	Download original from EUIPO ↗
ititaliano (it)	machine translated	Download original from EUIPO ↗
esSpanish	original	Download original from EUIPO ↗