Invalidity · first instance · 2019-03-26
000011080
Contested design: 004495281-0018
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. Registered Community design No 004495281-0018 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
RCD No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›The applicant argued that the contested logo design lacked novelty and individual character over the holder's earlier RCD No 002689687-0001 and over prior use of the plain word 'JUVEDERM'.
- ›The holder argued that the informed user was highly attentive, minor differences were sufficient, and the proceedings should be stayed because related trade mark and invalidity actions were pending.
- ›The Division refused a stay, found broad designer freedom for logos, and held that the added 'HI-TECH' rectangle was secondary to the dominant elliptical 'JUVEDERM' element shared by both designs.
- ›The contested RCD created the same overall impression as the earlier design, lacked individual character under Article 6(1)(b) CDR, 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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| 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 |
| 000011074 vs DERMAVITA COMPANY ltd | 2019-03-26 | REUD invalidated | Art 25(1)(b), Art 25(1)(a), Art 25(1)(e) | 32 | 12 |