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Document 62021TJ0576
Judgment of the General Court (Tenth Chamber) of 29 March 2023.
Tinnus Enterprises LLC v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.
Case T-576/21.
Judgment of the General Court (Tenth Chamber) of 29 March 2023.
Tinnus Enterprises LLC v European Union Intellectual Property Office.
Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002.
Case T-576/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:179
Judgment of the General Court (Tenth Chamber) of 29 March 2023 –
Tinnus Enterprises v EUIPO – Mystic Products
and
Koopman International (Fluid distribution equipment)
(Case T‑576/21) ( 1 )
(Community design – Invalidity proceedings – Registered Community design representing fluid distribution equipment – Ground for invalidity – Non-compliance with requirements for protection – Article 25(1)(b) of Regulation (EC) No 6/2002 – Features of appearance of a product solely dictated by its technical function – Article 8(1) of Regulation No 6/2002)
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1. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Taking into account the relevant objective circumstances (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 25-28, 59) |
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2. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Representation of fluid distribution equipment (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraphs 35, 36, 40-42, 44-46, 48-50, 69, 74, 84, 95) |
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3. |
Community designs – Surrender and invalidity – Application for a declaration of invalidity – Examination of the application – Designs dictated by their technical function – Burden of proof (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 51) |
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4. |
Community designs – Grounds for invalidity – Designs dictated by their technical function – Features of appearance of a product which are dictated solely by its technical function – Criteria for assessment – Existence of alternative designs – Irrelevant (Council Regulation No 6/2002, Arts 8(1) and 25(1)(b)) (see paragraph 85) |
Operative part
The Court:
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1. |
Dismisses the action; |
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2. |
Orders Tinnus Enterprises LLC to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Koopman International BV. |
( 1 ) OJ C 462, 15.11.2021.