000118980

• ›Applicant claimed the contested sandal design reproduced its Resort collection and lacked novelty and individual character, relying in particular on the 'Saint Tropez Sky Blue Flats' web disclosure archived on 2021-04-21.
• ›Holder contested disclosure, sought exclusion of models named Capri, Costa Smeralda, Forte dei Marmi and Portofino, and argued the differing wording on the upper and 'MOSAIC' on the sole changed the overall impression.
• ›The Division held Internet Archive screenshots could prove prior disclosure under Article 7 and refused to exclude the applicant's earlier models merely because their place names might raise separate Italian-law issues.
• ›Given broad design freedom for women's sandals, the Division found the prior Saint Tropez model and the contested design shared the same low pointed sole and decorated upper, with verbal differences only decorative.
• ›The application was upheld, the RCD was declared invalid for lack of individual character, and the holder was ordered to pay EUR 750 in costs.

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

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