Invalidity appeal · Board of Appeal · 2023-02-06
R1886/2022-3
Contested design: 008175384-0001
Outcome
The appeal is dismissed, and the design holder must bear the invalidity applicant's costs in the invalidity and appeal proceedings.
Show verbatim operative text
1. Dismisses the appeal; 2. Orders the design holder to bear the costs and fees incurred by the invalidity applicant in the invalidity and appeal proceedings.
CostsHolder ordered to pay costs
Parties
Applicant · invalidity challenger
De besloten vennootschap Atelier 49 Nederland B.V.via PDF extraction
Netherlands (NL)
Wethouder Buitenhuissstraat 1, 7951 SJ Staphorst, Netherlands
Represented by
M.C.J. Freijters
Holder · RCD owner
Babyjem Bebek Ürünleri Sanayi Ticaret Anonim Sirketivia PDF extraction
Türkiye (TR)
Firuzköy Bulvari, No:114/A-5, Avcilar Istanbul, Turkey
Represented by
Francisco José Rodríguez Alvarez
Prior art cited (2)
LUMA Babycare baby bathtub
BabyCare LUMA Catalogue 2013 · BabyCare LUMA Catalogue 2013
LUMA Babycare baby bathtub shown on Facebook
LUMA Babycare Facebook post · Facebook · disclosed 2013-08-08
Legal grounds invoked
Argument summary
- ›The design holder argued that baby-bathtub design freedom was heavily constrained by safety requirements and that the cited prior bath differed in the shape of its ends, openings and details.
- ›The invalidity applicant did not file observations in reply on appeal; at first instance it had relied on its 2013 catalogue and a 2013 Facebook post showing the earlier LUMA bath.
- ›The Board held that the earlier bath had been sufficiently disclosed before filing and that the cited differences, including details said to follow from safety requirements, did not alter the similar overall impression on the informed user.
- ›The appeal was dismissed and the invalidation for lack of individual character was confirmed; the copyright ground was not examined further.
Deciding panel
- ChairG. Humphreys
- RapporteurC. Negro
- MemberH. Salmi
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |