This document is an excerpt from the EUR-Lex website
Document 62021TJ0256
Judgment of the General Court (Second Chamber) of 18 May 2022.
Domator24.com Paweł Nowak v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered community design representing an armchair – Earlier community design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 25(1)(b) and Article 6(1)(b) of Regulation No 6/2002.
Case T-256/21.
Judgment of the General Court (Second Chamber) of 18 May 2022.
Domator24.com Paweł Nowak v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered community design representing an armchair – Earlier community design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 25(1)(b) and Article 6(1)(b) of Regulation No 6/2002.
Case T-256/21.
Court reports – general
ECLI identifier: ECLI:EU:T:2022:297
Judgment of the General Court (Second Chamber) of 18 May 2022 –
Domator24.com Paweł Nowak v EUIPO – Siwek and Didyk (Armchair)
(Case T‑256/21) ( 1 )
(Community design – Invalidity proceedings – Registered community design representing an armchair – Earlier community design – Proof of disclosure – Article 7 of Regulation (EC) No 6/2002 – Ground for invalidity – No individual character – Article 25(1)(b) and Article 6(1)(b) of Regulation No 6/2002)
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Community designs – Grounds for invalidity – No individual character – Disclosure to the public – Exception – Facts not reasonably capable of being known to specialist circles of the sector concerned – Events taking place outside the EU – Criteria for assessment (Council Regulation No 6/2002, Arts 7(1) and 25(1)(b)) (see paras 23, 24, 33) |
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Judicial proceedings – Proof – Probative value – Criteria for assessment – Principles of the unfettered adduction of evidence and the unfettered evaluation of evidence (Charter of Fundamental Rights of the European Union, Art. 47; Rules of Procedure of the General Court, Art. 85) (see para. 30) |
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Community designs – Grounds for invalidity – No individual character – Disclosure to the public – Proof of the disclosure – Content of a website (Council Regulation No 6/2002, Arts 7(1) and 25(1)(b)) (see para. 31) |
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Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Representation of an armchair (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 32, 36, 37, 50, 56, 65) |
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Community designs – Grounds 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(1) and 25(1)(b)) (see paras 44, 46, 53, 54) |
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Community designs – Grounds for invalidity – No individual character – Design not giving the informed user a different overall impression from that produced by the earlier design – Global assessment of all the elements of the earlier design (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 58, 59) |
Operative part
The Court:
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Dismisses the action; |
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Orders Domator24.com Paweł Nowak to pay the costs. |