Invalidity · first instance · 2018-09-11
000010756
Contested design: 003852672-0016
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 0038526720016 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
David Kipping
Germany (DE)
Agrippinawerft 24, 50678 Cologne, Germany
Represented by
Holder · RCD owner
Chrome Cherry Design Studio (PTY) Ltdvia PDF extraction
ZA
Unit 304, Salt Circle Arcade, 19 Kent Street, Salt River, 7925 Cape Town, South Africa
Prior art cited (2)
classic Lego plate
Lego-compatible silicone straps
www.facebook.com/strictlybricks · www.facebook.com/strictlybricks
Legal grounds invoked
Argument summary
- ›The applicant argued that the flexible studded tape was purely functional and, in any event, lacked novelty or individual character over the classic Lego plate and Strictly Briks straps.
- ›The holder argued that the earlier straps were not properly disclosed, the RCD's dimensions and underside were not purely functional, and the contested design created a different overall impression.
- ›The Division accepted D2 from the Strictly Briks Facebook page as prior disclosure, found novelty remained because D2 was not identical, but held the differences too minor to change the overall impression.
- ›The application was upheld because the RCD lacked individual character under Article 6, so Article 8(1) was not examined further and costs were awarded against the holder.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberBirgit FILTENBORG
- MemberPierluigi M. VILLANI
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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