Invalidity appeal · Board of Appeal · 2024-09-09
R0030/2018-3
Contested design: 001284608-0002
Outcome
The appeal is dismissed, the invalidity applicant must bear the design holder's costs in the invalidity and appeal proceedings, and those costs are 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
Legal grounds invoked
Argument summary
- ›The invalidity applicant argued that all visible features of the toy building block were solely dictated by technical function under Article 8(1) CDR and that Article 8(3) did not apply.
- ›The design holder argued the design was not exclusively functional, formed part of a modular toy system protected by Article 8(3) CDR, and the late prior-art submissions were inadmissible.
- ›The Board found all seven identified features were function-driven and also features of interconnection under Article 8(2) CDR.
- ›The Board nevertheless held the design qualified for the Article 8(3) modular-systems exception and that the applicant had not properly established earlier disclosures defeating novelty or individual character.
- ›The appeal was dismissed, the invalidity application rejected, and the applicant was ordered to pay EUR 900 in costs.
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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