Invalidity · first instance · 2018-08-02
000010685
Contested design: 003170208-0006
Outcome
The invalidity application is rejected, and the applicant must pay the holder's fixed costs of EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 003170208-0006 is rejected. 2. The applicant bears the holder’s costs, fixed at EUR 400.
CostsApplicant ordered to pay costs of €400
Parties
Applicant · invalidity challenger
Malaspina S.R.L.
Italy (IT)
Viale I Maggio 43/45, 63813 Monte Urano, Italy
Represented by
Holder · RCD owner
Rajoli - Comércio Componentes Calçado Unipessoal, Lda
Portugal (PT)
Lugar de Agueiros, Margaride, Felgueiros, Portugal
Represented by
David Cardoso
Prior art cited (1)
'BRONZO' shoe sole allegedly exhibited at the Crea Moda Fair in Bologna and sent as a sample to a Portuguese company
Crea Moda Fair in Bologna; Facebook.com; invoice to Luis Nunes da Silva II Lda
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity of the contested shoe-sole design, alleging it copied its earlier 'BRONZO' sole and lacked novelty and individual character.
- ›Applicant also invoked copyright and suggested bad faith based on the holder's conduct after receiving a cease and desist letter.
- ›Holder challenged the evidence as inconsistent and insufficient, denied proof of disclosure and similarity, and argued no copyright protection was shown.
- ›The Division found the evidence insufficient to prove prior disclosure under Article 7 CDR and no proof that the applicant held a copyright enforceable under Article 25(1)(f).
- ›The bad-faith allegation was inadmissible, the invalidity application was rejected, and the applicant was ordered to pay EUR 400 in costs.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberGaile SAKALAITE
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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 |
|---|---|---|---|---|---|
| 000106199 vs CALZATURIFICIO MERLYN SHOES SRLS | 2020-02-18 | Invalidity application rejected | — | 02 | 6 |
| 000104179 vs Alanui S.r.l. | 2020-01-21 | Invalidity application rejected | — | 02 | 6 |
| 000104739 vs Naketano GmbH | 2019-12-19 | Invalidity application rejected | — | 02 | 6 |
| 000105199 vs Angels GmbH | 2019-11-29 | Invalidity application rejected | — | 02 | 6 |
| 000011208 vs VAPESOL-FÁBRICA DE COMPONENTES PARA CALÇADO, UNIPESSOAL, LDA | 2019-08-14 | Invalidity application rejected | — | 02 | 6 |
| 000011239 vs Lisa Marie Fernandez, LLC | 2019-07-15 | Invalidity application rejected | — | 02 | 6 |
| 000011236 vs Lisa Marie Fernandez, LLC | 2019-07-15 | Invalidity application rejected | — | 02 | 6 |
| 000011237 vs Lisa Marie Fernandez, LLC | 2019-07-15 | Invalidity application rejected | — | 02 | 6 |