Invalidity · first instance · 2019-03-20
000011196
Contested design: 003862564-0001
Outcome
The invalidity application is upheld; the contested RCD is declared invalid, and the holder must pay the applicant's fixed costs of EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 0038625640001 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
Steven Madden Ltd
United States (US)
52-16 Barnett Avenue, Long Island City, New York 11104, United States
Represented by
Holder · RCD owner
Puma SEvia PDF extraction
Germany (DE)
Puma Way 1, 91074 Herzogenaurach, Germany
Represented by
Maximilian Schunke
Prior art cited (5)
Puma Women's Fenty x Puma Bow Slides
www.amazon.com; ASIN B0719L27ZY; ASIN B06XHP1KBS · Amazon · disclosed 2014-08-18
United States design patent
United States · disclosed 2013-02-26
French registered design
20113900-0002 · France · disclosed 2012-03-30
Turkish registration
201100006-0001 · Turkey
Turkish registration
201105392-0001 · Turkey
Legal grounds invoked
Argument summary
- ›The applicant sought invalidity for lack of novelty and individual character based mainly on Amazon disclosures of similar bow slippers available from August 2014 and other earlier designs.
- ›The holder argued the Fenty Bow Slide had been disclosed first at the Paris Fashion Show in September 2016, was new and individual, and that the applicant's examples were later copies within the grace period.
- ›The Division found the Amazon evidence credibly proved public disclosure before both the filing date and the Paris Fashion Show, so the earlier design qualified under Article 7 CDR.
- ›Although novelty was not proven because the earlier design showed only some views, the contested design created the same overall impression as the earlier design and lacked individual character.
- ›The application was upheld, the RCD was declared invalid in full, and the holder was ordered to pay EUR 750 in costs.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberBirgit FILTENBORG
- MemberJose Antonio GARRIDO OTAOLA
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
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