Invalidity appeal · Board of Appeal · 2024-11-12
R0321/2024-3
Contested design: 008872584-0001
Outcome
The appeal is dismissed and the design holder is ordered to bear the invalidity applicant's costs and fees in the invalidity and appeal proceedings.
Show verbatim operative text
Dismisses the appeal; 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
Xiaohong LINvia PDF extraction
China (CN)
Floor 6, Phase 2, Huanan International Leather Goods Raw Materials Logistics Zone, No. 1 Huanan Avenue, Pinghu Street Longgang District, Shenzhen, China
Represented by
Michele Carella
Holder · RCD owner
DaVinci II CSJ, LLCvia PDF extraction
United States (US)
79 Two Bridges Road, 07004 Fairfield, United States
Represented by
Prior art cited (1)
furniture leg cover
Chinese design registration No 305961581 · WIPO Global Design Database and DesignView · disclosed 2020-08-04
Legal grounds invoked
Argument summary
- ›The design holder appealed, arguing the informed user is highly attentive, design freedom is limited by technical constraints, and the conflicting designs create different overall impressions.
- ›The invalidity applicant replied that furniture leg covers allow considerable design freedom and that the cited shape, underside, and interior differences do not alter the overall impression.
- ›The Board accepted prior disclosure of Chinese design registration No 305961581 before the contested RCD's priority date and assessed individual character under Article 25(1)(b) and Article 6 CDR.
- ›The Board found the shared cup-shaped tapered body, flared lip, and recessed short base dominated the overall impression, while the cited differences were minor or secondary.
- ›The appeal was dismissed, the invalidity finding was maintained, and the design holder was ordered to bear the invalidity applicant's costs and fees.
Deciding panel
- ChairS. Stürmann
- RapporteurC. Bartos
- MemberA. Pohlmann
- RegistrarH. Dijkema
Decision files
| Language | Type | Source link |
|---|---|---|
| deGerman | human translated | Download original from EUIPO ↗ |
| esSpanish | human translated | Download original from EUIPO ↗ |
| frFrench | human translated | Download original from EUIPO ↗ |
| itItalian | human translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
Similar decisions
Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.
| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| R2274/2025-3 | 2026-05-18 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R0093/2025-3 | 2026-05-18 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R2273/2025-3 | 2026-05-18 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R1575/2025-3 | 2026-04-29 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R1395/2025-3 | 2026-04-28 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R1394/2025-3 | 2026-04-28 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R1318/2025-3 | 2026-04-28 | Decision confirmed | Art 25(1)(b) | — | 5 |
| R1396/2025-3 | 2026-04-28 | Decision confirmed | Art 25(1)(b) | — | 5 |