Invalidity · first instance · 2019-03-26
000011072
Contested design: 004495281-0010
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must pay the applicant's costs fixed at EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld.\n\nRegistered Community design No 004495281-0010 is declared invalid.\n\n3. The holder bears the applicant\u2019s 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) \u2013 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 RCD No 002689687-0001 and also invoking other grounds.
- ›Holder argued the informed user was attentive, designer freedom was limited, and the added 'GOLD' box and tonal differences created a different overall impression; it also requested a stay.
- ›The Division refused a stay, found the earlier RCD had been properly disclosed, and treated logos as a field with broad designer freedom.
- ›It held the ellipse with 'JUVEDERM' dominated both designs and the added rectangle with 'GOLD' was secondary, so the contested RCD lacked individual character.
- ›The application was upheld, the contested RCD was declared invalid, and costs were awarded against the holder.
Deciding panel
- MemberMichele M. BENEDETTI-ALOISI
- MemberLudmila \u010cELI\u0160OV\u00c1
- Member\u00c1lvaro 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 |
|---|---|---|---|---|---|
| 000011084 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 |
| 000011068 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 |
| 000011075 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |
| 000011074 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |