Invalidity appeal · Board of Appeal · 2024-09-09
R0029/2018-3
Contested design: 001284608-0005
Outcome
The appeal is dismissed; the invalidity applicant must bear the costs and fees incurred by the design holder in the invalidity and appeal proceedings, fixed at EUR 900.
Show verbatim operative text
1. Dismisses the appeal. 2. Orders the invalidity applicant to bear the costs and fees incurred by the design holder in the invalidity and appeal proceedings. 3. Fixes the costs to be paid by the invalidity applicant to the design holder for the invalidity and appeal proceedings at EUR 900.
CostsApplicant ordered to pay costs of €900
Parties
Applicant · invalidity challenger
Delta Sport Handelskontor GmbHvia PDF extraction
Germany (DE)
Wragekamp 6, 22397 Hamburg, Germany
Holder · RCD owner
Lego A/Svia PDF extraction
Denmark (DK)
Aastvej 1, 7190 Billund, Denmark
Represented by
Prior art cited (1)
LEGO Brick with 2x4 knobs
Legal grounds invoked
Argument summary
- ›The invalidity applicant appealed, arguing that all features of the toy brick were solely dictated by technical function under Article 8(1) CDR, that Article 8(3) did not apply, and that an expert should be appointed.
- ›The design holder argued that technical function was not the only factor behind the design and that the brick was part of a modular system protected by Article 8(3) CDR; it also challenged the applicant's late prior-art evidence.
- ›The Board found that all appearance features were function-driven and also constituted interconnection features under Articles 8(1) and 8(2) CDR.
- ›The Board nevertheless held that the contested RCD benefited from the Article 8(3) modular-system exception because the applicant failed timely to identify and prove earlier designs defeating novelty or individual character; the appeal was dismissed.
Deciding panel
- ChairS. Stürmann
- RapporteurH. Salmi
- MemberC. Negro
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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