000107919

• ›The applicant argued that the contested toy figure copied earlier LEGO minifigure designs and lacked novelty and individual character, relying on internet evidence of earlier Luke Skywalker, Rebel Pilot and Zev Senesca figures.
• ›The holder disputed disclosure and reliability of the web evidence, argued the products had not been shown to reach the relevant circles, and maintained that the contested design had novelty and individual character.
• ›The Invalidity Division admitted the supplementary Brickipedia evidence, rejected the holder's unsupported manipulation objections, and found at least the Zev Senesca figure had been validly disclosed before the filing date.
• ›Comparing the contested figure with the disclosed prior figure, the Division found the common body shapes, colour scheme, garments and weapon outweighed the helmet and face differences, so the same overall impression was produced.
• ›The application was upheld under Article 25(1)(b) in conjunction with Articles 4(1) and 6(1)(b) CDR; the RCD was declared invalid and costs were awarded against the holder.

• MemberBenjamin VAN BAVEL
• MemberLudmila ČELIŠOVÁ
• MemberAlvaro SESMA MERINO

Ranked by shared Locarno class + shared legal grounds + matching outcome. Click a case to view full detail.