Invalidity · first instance · 2018-11-29
000010854
Contested design: 003797257-0001
Outcome
The invalidity application is rejected, and the applicant must bear the holder's costs fixed at EUR 400.
Show verbatim operative text
1. The application for a declaration of invalidity of registered Community design No 003797257-0001 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
Fatboy the Original B.V.
Netherlands (NL)
De Steenbok 19-21, 5215 MG ’s-Hertogenbosch, Netherlands
Represented by
Holder · RCD owner
Ningbo Beidou Outdoor Products Co., Ltd.
China (CN)
Yangjia Village, Jishigang Town, Yinzhou District, Ningbo City, Zhejiang Province, 315171, People’s Republic of China
Represented by
Prior art cited (1)
LAMZAC chaise longue
RCD No 002621904-0001 · Community Designs Bulletin · disclosed 2015-02-03
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character over its earlier LAMZAC RCD and also argued the contested filing showed multiple products rather than one design.
- ›Holder argued the contested RCD had visible shape and feature differences, designer freedom was functionally constrained, and the blue sheet merely showed alternative positions of the same product.
- ›The Division accepted disclosure of the earlier RCD publication but rejected the internet extracts as insufficient evidence and found the prior design was not identical to the contested RCD.
- ›It held the differing headrest shape, flatter top, contrasting blue area, and attached features created a different overall impression and that the representations still showed one unitary design.
- ›All pleaded invalidity grounds were rejected, so the application failed and the applicant was ordered to pay EUR 400 in costs.
Deciding panel
- MemberLudmila ČELIŠOVA
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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