Invalidity · first instance · 2022-05-31
000115782
Contested design: 007872122-0001
Outcome
The invalidity application is upheld, the contested RCD is declared invalid, and the holder must bear costs fixed at EUR 750.
Show verbatim operative text
The application for a declaration of invalidity is upheld. Registered Community design No 0078721220001 is declared invalid. The holder bears the costs, fixed at EUR 750.
CostsHolder ordered to pay costs of €750
Parties
Applicant · invalidity challenger
Concept2, Inc.via PDF extraction
United States (US)
105 Industrial Park Drive, Morrisville, Vermont 05661, United States of America
Represented by
Holder · RCD owner
Yin-Hsuan Leevia PDF extraction
Taiwan (TW)
No.61, Meizhou 2nd Rd., Yilan City, Yilan County 260, Taiwan
Represented by
Prior art cited (1)
Concept2 'BikeErg' indoor exercise bicycle
Concept2 website / Instagram / Fibo Showdown Facebook account · disclosed 2017-08-01
Legal grounds invoked
Argument summary
- ›Applicant sought invalidity for lack of novelty and individual character based on its earlier BikeErg design, arguing broad designer freedom and near identity of the overall appearance.
- ›Holder argued informed users are highly attentive, many bicycle features are function-driven, and the identified differences were enough to establish novelty and individual character.
- ›The Division accepted the applicant's internet and social-media evidence as prior disclosure of the BikeErg before the filing date of the contested design.
- ›It found substantial coincidence in overall shape, proportions, arrangement, and visible components, while the holder's differences were too minor to alter the overall impression.
- ›The application was upheld, the contested design was declared invalid under Article 25(1)(b) in conjunction with Articles 4(1) and 6(1)(b) CDR, and costs were awarded against the holder.
Deciding panel
- MemberLudmila ČELIŠOVÁ
- MemberRasa BARAKAUSKIENĖ
- MemberBenjamin VAN BAVEL
Decision files
| Language | Type | Source link |
|---|---|---|
| deDeutsch (de) | machine translated | Download original from EUIPO ↗ |
| esespañol (es) | machine translated | Download original from EUIPO ↗ |
| frfrançais (fr) | machine translated | Download original from EUIPO ↗ |
| ititaliano (it) | machine translated | Download original from EUIPO ↗ |
| enEnglish | original | Download original from EUIPO ↗ |
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