Invalidity appeal · Board of Appeal · 2023-08-30
R0837/2020-3
Contested design: 002745554-0002
Outcome
The appeal is dismissed and the invalidity applicant is ordered to bear the design holder's costs in the invalidity and appeal proceedings.
Show verbatim operative text
1. Dismisses the appeal. 2. Orders the invalidity applicant to bear the costs incurred by the design holder in the invalidity and appeal proceedings.
CostsApplicant ordered to pay costs
Parties
Applicant · invalidity challenger
ALBATROS International GmbHvia PDF extraction
Germany (DE)
Konrad-Zuse-Str. 3, 54552 Nerdlen, Germany
Holder · RCD owner
Homy Casa Limitedvia PDF extraction
China (CN)
Second booth of No. 81, He'an Street, Xi'hua Road, Liwan District, GuangZhou, China
Represented by
Prior art cited (4)
chair shown in an Amazon Germany listing
amazon.de · disclosed 2012-10-16
website extracts showing chairs
amazon.de; moemax.de; home24.de · Amazon Germany / moemax.de / home24.de
catalogue images of chairs
catalogues
additional chair designs and supporting documents submitted late, including design drawings, sales documents, emails and book extracts
mixed
Legal grounds invoked
Argument summary
- ›The invalidity applicant appealed, arguing D1 and later annexes showed the chair lacked novelty and individual character, and that D1 should also be assessed under Article 6 CDR.
- ›The design holder said the Amazon listing for D1 was unreliable, the later annexes were inadmissible or unproven, and visible differences such as the ribbon, backrest and legs defeated invalidity.
- ›After remittal from the General Court, the Board accepted D1 as disclosed under Article 7(1) CDR but held it had only been invoked for novelty; the other designs were undated, post-dated or late and could not support Article 6.
- ›The Board found D1 not identical to the contested RCD because of the colourful edging, colour differences and missing side and rear views, so novelty remained and the appeal was dismissed with costs against the applicant.
Deciding panel
- ChairS. Stürmann
- RapporteurS. Rizzo
- MemberC. Negro
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| itItalian | human translated | Download original from EUIPO ↗ |
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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