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Case T-779/16: Judgment of the General Court of 28 September 2017 — Ruhland v EUIPO — 8 seasons design (Lamp in the form of a star) (Community design — Invalidity proceedings — Registered Community design representing a lamp in the form of a star — Earlier Community design — Ground of invalidity — Individual character — Different overall impression — Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002)

ECLI:EU:UNKNOWN:62016TA0779

62016TA0779

September 28, 2017
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13.11.2017

Official Journal of the European Union

C 382/45

(Case T-779/16)( (<span class="super note-tag">1</span>))

((Community design - Invalidity proceedings - Registered Community design representing a lamp in the form of a star - Earlier Community design - Ground of invalidity - Individual character - Different overall impression - Article 6 and Article 25(1)(b) of Regulation (EC) No 6/2002))

(2017/C 382/55)

Language of the case: German

Parties

Applicant: Lothar Rühland (Wendeburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla, S. Risthaus and J. Engberding, lawyers)

Defendant: European Union Intellectual Property Office (represented initially by: S. Hanne, and subsequently by: M. Fischer, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: 8 seasons design GmbH (Eschweiler, Germany) (represented by: A. Haberl, lawyer)

Re:

Action brought against the decision of the Third Board of Appeal of EUIPO of 8 July 2016 (Case R 878/2015-3) concerning invalidity proceedings between 8 seasons design and Mr Rühland.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Lothar Rühland to pay the costs.

(<span class="note"> <a id="ntr1-C_2017382EN.01004501-E0001" href="#ntc1-C_2017382EN.01004501-E0001">*1</a> </span>) OJ C 14, 16.1.2017.

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