Invalidity · first instance · 2018-12-07
000010449
Contested design: 001253876-0001
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 001253876-0001 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
TrekStor GmbH
Germany (DE)
Berliner Ring 7, 64625 Bensheim, Germany
Represented by
Holder · RCD owner
ZAGG Incorporatedvia PDF extraction
United States (US)
3855 South 500 West, Suite J, Salt Lake City, Utah 84115, United States of America
Represented by
Legal grounds invoked
Argument summary
- ›The applicant claimed the contested RCD used drawings and sketches by Ronghua Jia that were later assigned through Speedy Mega and Tosenta to the applicant, so the RCD infringed its German copyright.
- ›The holder argued the applicant had not proved the content of German law, ownership of any earlier copyright, or entitlement to invalidate the RCD, and said its employee independently created the design.
- ›The Division found the 05/07/2011 assignment agreement post-dated the RCD filing and did not prove an earlier copyright work or earlier right under Article 25(1)(f).
- ›It also found no sufficient pre-filing evidence to assess authorship, development, or infringement, while the holder's earlier US priority claims and press release supported independent development.
- ›The sole invalidity ground was rejected, and the applicant was ordered to pay the holder's fixed representation costs of EUR 400.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberBenjamin VAN BAVEL
- MemberBirgit FILTENBORG
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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