000118979

• ›The applicant sought invalidity for lack of novelty and individual character, relying on earlier women's sandal designs from its Resort collection, including the Saint Tropez Sky Blue Flats webpage archived on 21 April 2021.
• ›The holder disputed disclosure, argued some earlier model names improperly used protected place names, claimed functional constraints limited design freedom, and said the different wording on the upper created a different overall impression.
• ›The Division accepted the Internet Archive capture as proof of prior disclosure and found the relevant sector was women's sandals, with a high degree of designer freedom apart from basic ergonomic constraints.
• ›The Division held that the contested design and the prior Saint Tropez model shared the same overall configuration and decorative arrangement, and that the wording differences were not enough to change the informed user's overall impression.
• ›The application was upheld, the contested RCD was declared invalid in full, and the holder was ordered to reimburse costs of EUR 750.

• MemberMichele M. BENEDETTI - ALOISI
• MemberElisabetta FERRARO
• MemberJessica N. LEWIS

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