This document is an excerpt from the EUR-Lex website
Document 62020TO0512
Order of the General Court (Fifth Chamber) of 14 June 2021.
TrekStor GmbH v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law.
Case T-512/20.
Order of the General Court (Fifth Chamber) of 14 June 2021.
TrekStor GmbH v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law.
Case T-512/20.
ECLI identifier: ECLI:EU:T:2021:359
Order of the General Court (Fifth Chamber) of 14 June 2021 –
TrekStor v EUIPO – Zagg (Protective cover for computer hardware)
(Case T‑512/20)
(Community design – Invalidity proceedings – Registered Community design representing a protective cover for computer hardware – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 – Request that witnesses be heard – Action manifestly lacking any foundation in law)
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Community designs – Grounds for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Law of the Member State serving to define the procedures for acquiring and proving copyright (Council Regulation No 6/2002, Art. 25(1)(f); Commission Regulation No 2245/2002, Art. 28(1)(b)(iii)) (see para. 18) |
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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 a protective cover for computer hardware (Council Regulation No 6/2002, Arts 6(1) and 25(1)(b)) (see paras 36, 37) |
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 8 June 2020 (Case R 294/2019-3), relating to invalidity proceedings between TrekStor and Zagg.
Operative part
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The action is dismissed. |
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TrekStor GmbH shall pay the costs. |