Invalidity · first instance · 2018-07-26
000010151
Contested design: 002075317-0001
Outcome
The invalidity application is upheld; the contested RCD is declared invalid, and the holder must pay the applicant’s costs fixed at EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 002075317-0001 is declared invalid. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Husky Refrigerator Mfg Co., Ltd
China (CN)
No.3 Factory, Land No.9, Shakeng Industrial Zone, Wusha, Daliang Street, Shunde District, Foshan, Guangdong, People’s Republic of China
Represented by
Holder · RCD owner
Jupiter Industries Limited
United Kingdom (GB)
37 Station Road, Lutterworth, LE17 4AP, United Kingdom
Represented by
Prior art cited (5)
‘Retro Undercounter’ refrigerator
2011 catalogue; Alibaba; Hotelex Fair photograph/invoice
refrigerator design
US D568 909 S · United States patent publication · disclosed 2008-05-13
refrigerator design
Design No 119049 · French Intellectual Property Office database · disclosed 1976-01-03
‘SMEG’ design
www.amazon.co.uk · Amazon.co.uk · disclosed 2010-03-17
design
www.amazon.co.uk · Amazon.co.uk · disclosed 2012-05-10
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character, relying on the 'Retro Undercounter' refrigerator and other earlier refrigerator designs disclosed before 17/07/2012.
- ›Holder argued several exhibits were insufficiently dated or not reasonably known in the EU, and said common refrigerator features and technical constraints reduced the significance of similarities.
- ›The Division found Exhibits 1 to 4 did not sufficiently prove disclosure, but accepted Exhibit 5's US patent publication as prior disclosure under Article 7.
- ›Comparing the contested RCD with the accepted prior refrigerator design, the Division found the same overall rectangular form and rounded corners; differences in finish, hinges, and handle did not create individual character.
- ›The application was upheld, the contested RCD was declared invalid, and the holder was ordered to bear the applicant's costs.
Deciding panel
- MemberLudmila ČELIŠOVA
- MemberGailė SAKALAITĖ
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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