Invalidity · first instance · 2019-03-25
000011066
Contested design: 004495281-0004
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 004495281-0004 is declared invalid. 3. The holder bears the applicant’s costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Allergan Holdings France SAS
France (FR)
12, Place de la Defense, 92400 Courbevoie, France
Represented by
Holder · RCD owner
Dermavita Company ltdvia PDF extraction
LB
Corniche Mazraa, General Street, Al Jichy Building (Lebanon Gulf Bank) – 4th Floor, Beirut, Lebanon
Represented by
Krasimira Kadieva
Prior art cited (1)
logos; graphic symbols and logos; surface patterns; ornamentation
Community design No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character, relying chiefly on the holder's earlier RCD No 002689687-0001 and also invoking absolute and earlier-right grounds.
- ›Holder argued the informed user was highly attentive, designer freedom was limited, and the added rectangular 'CHARM' element, wording, and contrast created a different overall impression; it also requested a stay.
- ›The Division refused to stay the case, treated the earlier published RCD as disclosed prior art, found logo designers enjoy broad freedom, and held the ellipse with 'JUVEDERM' dominated both designs.
- ›The added rectangular 'CHARM' element was secondary and did not alter the overall impression, so the contested RCD lacked individual character and was declared invalid.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila ČELIŠOVÁ
- MemberÁlvaro SESMA MERINO
Decision files
| Language | Type | Source link |
|---|---|---|
| enEnglish | original | Download original from EUIPO ↗ |
Locarno classes
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| 000011075 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
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