Invalidity · first instance · 2018-06-19
000010563
Contested design: 002901033-0001
Outcome
The invalidity application is rejected, and the applicant must pay the holders' costs fixed at EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 0029010330001 is rejected. 2. The applicant bears the holders’ costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
HL Display Polska Sp. z o.o.
Poland (PL)
Nakielska 3, 01-106 Warsaw, Poland
Represented by
Anna Korbela
Holder · RCD owner
Waldemar Małyska
Poland (PL)
Pachnąca 14, 02-790 Warsaw, Poland
Prior art cited (1)
Earlier datastrip design for racks and shelves alleged to have been developed by the applicant and installed in a Rossmann shop.
Rossmann shop in Poland; applicant-Rossmann emails, photographs and affidavits
Legal grounds invoked
Argument summary
- ›The applicant sought invalidity for lack of novelty and individual character over its earlier datastrip design, and also argued non-visibility under Article 4(2) and technical-functionality under Article 8(1).
- ›The holders replied that the grounds were unclear, disclosure of any earlier design had not been proven, the design was visible in normal use, and no features were shown to be solely technically dictated.
- ›The Division held the emails with Rossmann were internal confidential product-development communications, untranslated affidavits and technical material could not be considered, and the alleged in-store installation did not prove disclosure to specialised circles or permit reliable comparison.
- ›The Division also found datastrips are not component parts of a complex product and that the applicant had not proved the design's essential features were solely dictated by technical function.
- ›The application was rejected in full and the applicant was ordered to bear the holders' representation costs fixed at EUR 400.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberBirgit FILTENBORG
- MemberNatascha GALPERIN
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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