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Case T-515/19: Judgment of the General Court of 24 March 2021 — Lego v EUIPO — Delta Sport Handelskontor (Building block from a toy building set) (Community design — Invalidity proceedings — Registered community design representing a building block from a toy building set — 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 — Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products — Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system — Article 8(1) to (3) of Regulation No 6/2002)
ECLI:EU:UNKNOWN:62019TA0515
62019TA0515
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7.6.2021
Official Journal of the European Union
C 217/39
(Case T-515/19) (*)
(Community design - Invalidity proceedings - Registered community design representing a building block from a toy building set - 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 - Features of appearance of a product to be necessarily reproduced in their exact form and dimensions in order to permit the interconnection with other products - Designs whose purpose is to allow multiple assembly or connection of mutually interchangeable products within a modular system - Article 8(1) to (3) of Regulation No 6/2002)
(2021/C 217/50)
Language of the case: English
Parties
Applicant: Lego A/S (Billund, Denmark) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: S. Hanne, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Delta Sport Handelskontor GmbH (Hamburg, Germany) (represented by: C. Klawitter and L. E. Appel, lawyers)
Re:
Action brought against the decision of the Third Board of Appeal of EUIPO of 10 April 2019 (Case R 31/2018-3) relating to invalidity proceedings between Delta Sport Handelskontor and Lego.
Operative part of the judgment
The Court:
1.Annuls the decision of the Third Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 10 April 2019 (Case R 31/2018-3);
2.Dismisses the action as to the remainder;
3.Orders EUIPO and Delta Sport Handelskontor GmbH to bear their own costs and each to pay half of the costs incurred by Lego A/S.
(*)
Language of the case: English.
(1) OJ C 305, 9.9.2019.