Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... — Earlier Community design — Ground for invalidity — No individual character — Informed user — No different overall impression — Article 6 of Regulation (EC) No 6/2002)

In Case T‑367/17,

Linak A/S, established in Nordborg (Denmark), represented by V. von Bomhard and J. Fuhrmann, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented initially by G. Sakalaite-Orlovskiene and A. Folliard-Monguiral, and subsequently by G. Sakalaite-Orlovskiene and J. Ivanauskas, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being:

ChangZhou Kaidi Electrical Co. Ltd, established in Changzhou (China),

ACTION brought against the decision of the Third Board of Appeal of EUIPO of 21 March 2017 (Case R 1411/2015-3), relating to invalidity proceedings between Linak and ChangZhou Kaidi Electrical,

THE GENERAL COURT (Fifth Chamber),

composed of D. Gratsias, President, I. Labucka and I. Ulloa Rubio (Rapporteur), Judges,

Registrar: X. Lopez Bancalari, Administrator,

having regard to the application lodged at the Court Registry on 9 June 2017,

having regard to the response lodged at the Court Registry on 22 August 2017,

further to the hearing on 23 April 2018,

gives the following

Judgment

Background to the dispute

1. On 1 November 2003, the applicant, Linak A/S, filed an application for registration of a Community design with the European Union Intellectual Property Office (EUIPO) pursuant to Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1).

2. The Community design in respect of which registration was ...