Invalidity · first instance · 2019-03-26
000011084
Contested design: 004495281-0022
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must bear 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 004495281-0022 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)
JUVEDERM logo design
Community design No 002689687-0001 · Office designs bulletin · disclosed 2015-05-06
Legal grounds invoked
Argument summary
- ›The applicant argued the contested JUVEDERM LIDO logo lacked novelty and individual character over the holder's earlier published JUVEDERM logo design and also relied on further grounds.
- ›The holder argued the LIDO banner, wording differences, and contrast changed the overall impression, and requested a stay of the case.
- ›The Division rejected the stay request, treated publication of the earlier RCD as sufficient prior disclosure, and considered the designer's freedom for logos to be very broad.
- ›It found the shared elliptical JUVEDERM logo dominated both designs and that the added LIDO rectangle was merely secondary information, so the overall impression did not change.
- ›The application was upheld on lack of individual character, the RCD was declared invalid, and the holder was ordered to pay EUR 750 in 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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