Invalidity · first instance · 2018-06-20
000010552
Contested design: 002901033-0002
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 0029010330002 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)
datastrip prototype allegedly developed by the applicant for Rossmann
Rossmann shop in Warsaw and internal email correspondence with Rossmann
Legal grounds invoked
Argument summary
- ›Applicant argued its earlier datastrip had been disclosed before filing, so the contested RCD lacked novelty and individual character, was not visible in normal use, and was dictated solely by technical function.
- ›Holders replied that the grounds were unclear, no qualifying public disclosure to specialised circles had been proven, the design remained visible in use, and the technical-function objection was unsupported.
- ›The Division found the Rossmann emails were internal and confidential, untranslated affidavits could not be considered, and the alleged shop installation neither proved disclosure to specialised circles nor permitted a reliable comparison.
- ›The Division also held datastrips were not component parts of a complex product and the applicant had not shown the design's essential features were solely technically dictated, so the application failed.
- ›The invalidity application was rejected and costs were awarded against the applicant.
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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