Invalidity · first instance · 2019-03-25
000011076
Contested design: 004495281-0014
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 004495281-0014 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 mainly on the holder's earlier published RCD for logos and related graphics.
- ›Holder argued the informed user was highly attentive, designer freedom was limited, and the added 'MAKEOVER' rectangle plus other differences created a different overall impression.
- ›The Division rejected suspension, found the earlier RCD had been properly disclosed, and held that logo designers enjoy broad freedom in this sector.
- ›It found the shared elliptical 'JUVEDERM' element dominated both designs and the added rectangle was secondary, so the contested RCD lacked individual character.
- ›The application was upheld, the contested RCD was declared invalid, and the holder was ordered to bear costs.
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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| Case | Date | Outcome | Shared grounds | Locarno | Score |
|---|---|---|---|---|---|
| 000011068 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011084 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011081 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011077 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011067 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011072 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011075 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011080 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |