This document is an excerpt from the EUR-Lex website
Document 62016TJ0286
Judgment of the General Court (Fifth Chamber) of 21 June 2017.
Ernst Kneidinger v European Union Intellectual Property Office.
Community design — Invalidity proceedings — Registered Community design representing a toilet seat — Earlier Community design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002.
Case T-286/16.
Judgment of the General Court (Fifth Chamber) of 21 June 2017.
Ernst Kneidinger v European Union Intellectual Property Office.
Community design — Invalidity proceedings — Registered Community design representing a toilet seat — Earlier Community design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002.
Case T-286/16.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Fifth Chamber) of 21 June 2017 —
Kneidinger v EUIPO — Topseat International (toilet seat)
(Case T‑286/16)
(Community design — Invalidity proceedings — Registered Community design representing a toilet seat — Earlier Community design — Ground for invalidity — Individual character — Article 6 of Regulation (EC) No 6/2002)
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Overall assessment of all the elements of the prior design (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 15-17, 35, 45) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Informed user — Concept (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 19, 20) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Criteria for assessment — Creative licence (Council Regulation No 6/2002, Arts 6(2), and 25(1)(b)) (see paras 25, 26) |
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Community designs — Ground for invalidity — No individual character — Design not giving the informed user a different overall impression from that produced by the earlier design — Representation of a toilet seat (Council Regulation No 6/2002, Arts 6(1), and 25(1)(b)) (see paras 40-43, 45, 50) |
Re:
ACTION brought against the decision of the Third Board of Appeal of EUIPO of 5 April 2016 (Case R 1030/2015-3), relating to invalidity proceedings between Topseat International and Mr Kneidinger.
Operative part
The Court:
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Dismisses the action; |
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Orders Mr Ernst Kneidinger to pay the costs. |