000129321

• ›Applicant argued lack of novelty and individual character: the contested charger/cable-organiser case design (filed 16/12/2022, round disc form) is identical or lacks individual character compared to the prior design D1 (DolDer cable case on Amazon.es since 15/01/2022), sharing the same circular overall form, white casing, internal compartments for cables and adapters, and similar connector arrangement.
• ›Holder argued the differences in the outer disc-shape (flat disc with peripheral silicone ring), rotating lid mechanism and attached ring/key loop confer a distinctive overall impression; it also argued market saturation in round housings but submitted no adequate evidence.
• ›The Division found broad designer freedom, found no sufficient evidence of market saturation, then compared the designs and found them to coincide in all key structural features (circular form, white casing, identical interior layout with cables and four small plus one large adapter/connector); the differences (silicone edge, ring, lid mechanism, darker interior) were insufficient to create a different overall impression.
• ›Application upheld; the contested design lacks individual character under Article 6(1)(b) CDR; the holder bears EUR 750 in costs.

• MemberNatascha GALPERIN
• MemberIvo TSENKOV
• MemberIvan PRANDZHEV

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